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Is it true or false that any citizen may make a warrantless arrest for any felony or breach of the peace that occurs in his presence?

1) True
2) False

1 Answer

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Final answer:

Citizens generally can perform warrantless arrests if they witness a felony or breach of the peace, subject to various state laws. Lawmakers have certain privileges against arrest. The Fifth Amendment emphasizes due process and just compensation.

Step-by-step explanation:

The question regarding whether any citizen may make a warrantless arrest for any felony or breach of the peace that occurs in their presence can generally be answered as true, though it is subject to various state laws and interpretations. Most state laws allow citizens to perform warrantless arrests when they witness a felony or a breach of the peace, but the specifics can vary based on jurisdiction.

It is important to understand that making a citizen's arrest can carry legal risks and should be approached with caution. Additionally, law enforcement officers are typically better equipped and trained to handle such situations. For a citizen to perform a warrantless arrest, they must have witnessed the incident first-hand; they cannot arrest someone based solely on suspicion or hearsay.

Moreover, lawmakers, such as Senators and Representatives, have certain privileges against arrest that are stipulated during their attendance at legislative sessions except in cases of treason, felony, and breach of peace. In all cases, the Fifth Amendment emphasizes due process and just compensation, enforcing the general principle that legal processes must be strictly followed.

User Jacob Oettinger
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