In presence rule is a principle that a police officer may arrest without warrant a person who commits a misdemeanor offense not only in the officer's actual presence but also within the officer's immediate vicinity.
Though the "in presence" rule might be construed as requiring that the misdemeanor in fact have occurred in the officer's presence, the modern view is that the officer may arrest if he "has probable cause to believe the offense is being committed in his presence." This is sound, for it provides a workable standard (based on how the situation is reasonably perceived at the time, rather than how it turned out) for judging police conduct, and makes it apparent that the officer's senses need not directly detect the misdemeanor so long as they reveal facts providing the reasonable belief that the offense is now occurring. [State v. Tywayne H., 123 N.M. 42, 50 (N.M. Ct. App. 1997)]