Mary is detained by a police officer for committing a minor offense in the officer's presence. The statute gives the officer the option of making a misdemeanor arrest or issuing Mary a citation. The officer must issue the citation unless Mary poses a serious threat to society or is deemed a flight risk under the Court's ruling in Atwater.

Question

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The Court's ruling in Atwater v. City of Lago Vista allows officers to make a full custodial arrest for minor offenses committed in their presence, even if the statute provides the option of issuing a citation. The officer is not required to issue a citation unless specified by law.

Mary Is Detained by a Police Officer for Committing a Minor