When is the right of arrest applicable for assault and battery on a public employee?

The right of arrest for assault and battery on a public employee is applicable when the employee is performing their duty. This is significant because the law recognizes that public employees, such as police officers, firefighters, and other officials, carry out essential functions that are necessary for public welfare and safety. When someone assaults a public employee while they are engaged in their official duties, it undermines the authority of the state and poses a threat to public safety and order.

Thus, the law allows law enforcement to arrest the assailant to uphold the integrity of the public service and to deter such behavior in the future. This context stresses the importance of protecting public employees in their roles, which justifies the use of arrest powers under these specific circumstances.

In contrast, the other options present scenarios where the right of arrest may not be applicable or relevant. For instance, a federal investigation is not a prerequisite for an arrest in this context, and the presence of a disturbance alone does not necessarily warrant an arrest unless it directly involves an assault on a public employee performing their duties. Similarly, if the officer did not witness the act, the right to arrest would still depend on the circumstances surrounding the incident but would not be as clear. Therefore, the correct answer emphasizes the