A peace officer may arrest without warrant if a magistrate orders the arrest of the offender. What role does the magistrate play?

The magistrate serves as a judicial officer who has the authority to issue warrants and give orders related to various legal matters, including the arrest of offenders. When a magistrate orders the arrest of an individual, it reflects a judicial determination that there is sufficient cause to justify the arrest. This ensures that there is a level of oversight and legality in the arrest process, as the officer is acting on the magistrate's directive rather than solely on their discretion.

A magistrate's role is distinct from that of a clerk, witness, or officer. The clerk primarily handles administrative duties within the judicial system and does not have the authority to issue orders for arrests. A witness provides testimony regarding a case but does not partake in the authority to command actions such as arrests. An officer, while engaged in enforcing the law and maintaining public safety, relies on the judicial decisions made by a magistrate when executing an arrest warrant. Thus, recognizing the magistrate as a judge underscores the essential judicial function in the criminal procedure that safeguards individual rights while allowing law enforcement to perform their duties appropriately.