presence of officer

presence of officer
When an offense is committed so as to justify an arrest without a warrant:–being in such a position that the commission of the offense is on view or that knowledge of the commission of the offense may be acquired by him through any of his senses including the sense of hearing or smell. 5 Am J2d Arr § 31. Under the usual statutory provision authorizing a peace officer to arrest without warrant where an offense is committed in his "presence," the words do not necessarily mean within his sight, but it is held sufficient if the officer arrives on the scene immediately after the encounter, attracted by the noise of it. Porter v State, 124 Ga 297, 52 SE 283.„

Ballentine's law dictionary. . 1998.

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