International Law Enforcement Academies (ILEA) Criminal Law Practice Exam

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What legal reason can police use to arrest Jordan when he is intoxicated in public?

  1. Failure to present identification

  2. Disorderly conduct

  3. Public intoxication

  4. Resisting arrest

The correct answer is: Public intoxication

The legal reason that police can use to arrest Jordan when he is intoxicated in public is based on public intoxication laws. Public intoxication is a criminal offense characterized by an individual's impairment due to alcohol or drugs in a public space, which may pose a risk to themselves or others. Law enforcement officers have the authority to intervene in such situations to maintain public safety and order. These laws vary by jurisdiction, but in many places, being visibly intoxicated in a public area can justify an arrest to prevent harm or disruption. Other options present circumstances that may be considered but are not as directly applicable to the situation of public intoxication. For example, failure to present identification may not itself be enough grounds for arrest unless it is specifically tied to another offense or if identification is required by law in that context. Disorderly conduct typically requires additional actions beyond mere intoxication, such as causing a disturbance or engaging in chaotic behavior. Resisting arrest would only come into play if Jordan attempted to evade police while they were already attempting to arrest him for another reason. Thus, public intoxication stands as the most relevant legal basis for arrest in this scenario.