What action must be taken when a peace officer witnesses a felony or breach of the peace?

When a peace officer witnesses a felony or breach of the peace, the appropriate action is to arrest without a warrant. This is grounded in the authority granted to law enforcement under the Code of Criminal Procedure, which allows officers to make an arrest without a warrant when they have probable cause to believe that a crime is occurring or has just occurred.

The rationale behind this provision is to ensure that officers can act swiftly to prevent further criminal activity or harm to individuals. This immediate response is crucial in maintaining public safety and upholding the law.

While calling for backup may be a prudent step in certain situations, it is not a necessary action before making an arrest. Likewise, attempting to intervene without taking the formal arrest action may not effectively resolve the situation, and reporting to a magistrate is not an immediate course of action when a crime is directly witnessed. The focus in such circumstances is on the officer's duty to act in the moment to prevent crime and protect the community.