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Police Officer Marla Stops Ricardo for a Traffic Violation

Question 91

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Police officer Marla stops Ricardo for a traffic violation.When Officer Marla checks with the police dispatcher to determine if any outstanding warrants exist for Ricardo,the dispatcher advises that an outstanding failure to appear warrant exists for him.Marla takes Ricardo into custody.However,at the jail it is determined that the arrest warrant is for a different individual with the same name as Ricardo.Nonetheless,under the public duty defense,Officer Marla will not be subject to criminal prosecution for the erroneous arrest of Ricardo because she ________ believed her conduct was authorized by legal process.

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