During a surveillance operation of appellant’s activities, police operatives saw appellant sell marijuana to a group of persons. The police team was able to overtake and arrest appellant and recover from him sticks and teabags of marijuana. These were offered in evidence during his trial where he was found guilty.
Whether or not appellant’s arrest without warrant is lawful.
YES. An offense committed in the presence or within the view of an officer, within the meaning of the rule authorizing an arrest without warrant, when the officer sees the offense, although at a distance, or hears the disturbances created thereby and proceeds at once to the scene thereof.
[It would suffice if the overt act were to be seen by a police officer, although from a distance of, for example, two meters.]