According to the Code of Criminal Procedure, under what circumstance can a peace officer arrest without a warrant?

Master the TCOLE Basic Peace Officer Course exam. Prepare with flashcards and multiple-choice questions, complete with hints and explanations. Ensure your success with effective study tools!

A peace officer is authorized to make an arrest without a warrant primarily in circumstances where a felony or breach of the peace occurs in the presence of a magistrate. This provision is rooted in the principles of immediate response and public safety; it enables law enforcement to act swiftly in the interest of upholding the law and maintaining order.

When a magistrate witnesses a crime involving a felony or a breach of the peace, they are in a unique position to ensure that justice is served promptly. The visual confirmation of the crime validates the need for immediate action to prevent further disturbance and protect the public. This allows officers to fulfill their duties effectively without the delay of obtaining a warrant in urgent situations.

Other options do not carry the same authority. For instance, a traffic violation may not always justify an immediate arrest without a warrant, as many violations can be dealt with through citations or fines. The request of a bystander does not inherently grant law enforcement the discretion to arrest without a warrant, as an officer must rely on probable cause based on their observations, not solely on third-party claims. Similarly, while a suspect fleeing the scene may suggest guilt, it does not automatically permit an arrest without a warrant unless other conditions aligned with the law are met. Thus, the context

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