When can a magistrate order an arrest without a warrant?

A magistrate can order an arrest without a warrant when a felony or breach of peace occurs in their presence because this aligns with the principle that immediate action may be necessary to prevent further harm or to maintain public order. This provision supports the enforcement of the law by allowing law enforcement officials to act quickly in response to serious offenses.

The rationale behind this authority is that when a magistrate witnesses a crime or an imminent threat, their direct observation provides a basis for the need for swift action, thereby enhancing public safety and effective law enforcement. This immediate response mechanism is crucial, particularly in situations where waiting for a warrant could result in escalation or the escape of a suspect.

The other options do not provide the same legal grounding for the issuance of a warrantless arrest. Consulting with law enforcement does not constitute a sufficient legal threshold, and simply having a recorded offense does not inherently justify immediate arrest in the absence of witnessing the act. Lastly, relying on hearsay evidence does not meet the legal standards required for a warrantless arrest, as the law typically prefers firsthand observation to substantiate the need for such action.