What determines whether a felony arrest can be made by a private actor?

Study for the Georgia Torts Bar Exam with our comprehensive quizzes. Use flashcards and multiple choice questions, each with detailed explanations and tips to enhance your learning. Get ready to excel!

The ability for a private individual to make a felony arrest hinges on the principle of having probable cause. This means that the private person must witness an act that clearly constitutes a felony. The second option emphasizes the necessity for the act of committing the felony to be both evident and recognized by the private actor. This aligns with the standard that allows private citizens to act when they have firsthand knowledge of a crime occurring, thereby establishing the justification for the arrest.

In situations involving law enforcement, a police officer would typically require probable cause to make an arrest. However, private individuals are also granted this authority under specific circumstances, particularly if they directly observe the commission of a felony. The notion that the act must be clear and obvious is crucial in ensuring that the private arrest is justified and that the individual's actions are not misguided or based on suspicion alone.

The other options suggest conditions that do not inherently establish the legal basis necessary for a private arrest. For instance, simply failing to respond on the part of law enforcement does not validate a private arrest; knowledge of a person's history does not directly affect the witnessing of a specific crime; and the existence of video evidence, while it may support a case, is not a condition that justifies a private citizen making an arrest at the

Subscribe

Get the latest from Examzify

You can unsubscribe at any time. Read our privacy policy