MCOLES State Licensing Practice Exam

In which case can an officer arrest someone for a 93 day misdemeanor?

1. Only if they witness the offense

2. Based on evidence gathered during the investigation

3. If the suspect confesses to the officer

4. Only during specific hours of the day

The correct answer is: Based on evidence gathered during the investigation

An officer can arrest someone for a 93-day misdemeanor based on evidence gathered during an investigation because this allows for a more thorough assessment of the situation rather than relying solely on a direct witness account. When an officer has gathered sufficient evidence, which might include witness statements, physical evidence, or other documentation, they can determine that probable cause exists to make an arrest for the misdemeanor. This approach aligns with the legal standard that allows for arrests when an officer has reasonable grounds or probable cause to believe that a crime has occurred, even if the officer did not personally witness the offense. This standard facilitates law enforcement's ability to address crimes effectively, ensuring appropriate actions can be taken based on the totality of the evidence, rather than placing limitations on when or how an arrest can be made.