If a police officer believes a person is violating the TPA and has fresh departure from the premises, what action can the officer take?

When a police officer believes that a person is violating the Trespass to Property Act (TPA) and observes a fresh departure from the premises, the officer has the authority to take immediate action, which may include making an arrest without a warrant. This is because the TPA empowers law enforcement officers to arrest individuals who are committing a trespass or have just committed it if they believe it is necessary to prevent further violations or if the trespasser refuses to leave after being asked.

The concept of "fresh departure" is critical here, as it indicates that the officer has witnessed the individual leaving the scene right after the act of trespassing, which provides the officer with reasonable grounds to act swiftly. This aligns with the legal principle that allows for arrest in situations where there is an immediate threat or ongoing crime.

The other options may not provide a sufficient resolution to the potential violation of the TPA. Taking a statement or requesting identification may delay necessary action and could be ineffective if the person could subsequently evade responsibility. Issuing a warning might not be appropriate if the individual has refused to comply or if the officer believes the situation warrants stronger intervention. In circumstances involving trespass, where there is a clear violation and imminent departure observed, the authority to make an arrest