If a police officer is not there to witness the misdemeanor, the officer cannot be arrested for it. This is known as the ″misdemeanor arrest presence rule.″ A misdemeanor, on the other hand, might result in a citation or summons to court from a police officer (much less inconvenient than being arrested). Your description appears to be a sensible response to a crisis situation.
In most states, the offense must be committed in the officer’s presence in order to be prosecuted. The majority of states require a warrant before an officer may arrest an adult for a misdemeanor unless he or she observes the individual committing the crime. In other words, the offence must take place ‘in the presence’ of the officer in order to be charged.
Can the police detain me for witnessing a crime?
If you have been held by the police because they suspect you may be a witness to a crime, your constitutional rights may have been violated, and you should seek the advice of an experienced criminal defense attorney as soon as possible.