And the common law authorizes officers to make arrests in misdemeanor cases without a warrant, where there is danger of escape, or where the wrongful act cannot be stopped or redressed except by immediate arrest.5

But officers are not authorized to make arrests without a warrant in misdemeanors not committed in their presence. In such case a warrant must first be procured.6

An offense is committed in the presence of an officer if committed in his sight, though some distance from him, or if he can hear what is said, though too dark to see.7

In some states arrests cannot be made without a warrant, except in felony cases, even though committed in the presence of the officer.8

Of course an arrest without a warrant where one is required is not due process of law. No man possesses arbitrary or despotic power under our form of government.9