During which circumstance can a correction officer arrest someone off-duty?

During which circumstance can a correction officer arrest someone off-duty?

• A. Only if they are in uniform
• B. When a felony is committed in their presence
• C. In case of a traffic violation
• D. When they witness a misdemeanor

Answer: (B)

The correct answer is based on the legal authority that correction officers possess regarding making arrests. A correction officer can arrest someone off-duty primarily when they witness a felony being committed in their presence. This is grounded in the principle of "citizen's arrest," which allows individuals, including peace officers, to act when they directly observe a serious crime, such as a felony. This authority is not restricted by the officer's attire; therefore, it does not matter whether they are in uniform or off-duty. In contrast, while traffic violations may require police intervention, they typically do not fall under the immediate authority for correction officers to make an arrest unless serious and evident circumstances apply. Witnessing a misdemeanor, although actionable under certain conditions, does not provide the same immediacy or level of authority for an arrest like a felony does. Hence, the key factor is the nature of the crime witnessed, solidifying why witnessing a felony provides that legal basis for off-duty arrest.

The correct answer is based on the legal authority that correction officers possess regarding making arrests. A correction officer can arrest someone off-duty primarily when they witness a felony being committed in their presence. This is grounded in the principle of "citizen's arrest," which allows individuals, including peace officers, to act when they directly observe a serious crime, such as a felony.

This authority is not restricted by the officer's attire; therefore, it does not matter whether they are in uniform or off-duty. In contrast, while traffic violations may require police intervention, they typically do not fall under the immediate authority for correction officers to make an arrest unless serious and evident circumstances apply. Witnessing a misdemeanor, although actionable under certain conditions, does not provide the same immediacy or level of authority for an arrest like a felony does. Hence, the key factor is the nature of the crime witnessed, solidifying why witnessing a felony provides that legal basis for off-duty arrest.