Discretion Quiz
Question 1 (4 points)
An officer pulls over a vehicle for speeding 12 mph over the posted speed limit
and crossing left of the center line. During the traffic stop, the officer smells
alcohol on the driver’s breath and sees an open bottle of whiskey in the cup
holder. He also discovers the driver is an off-duty police officer from a neighboring
jurisdiction with a zero tolerance policy. The off-duty officer refuses to submit to a
field sobriety test. Does the officer have discretion regarding whether or not to
arrest the off-duty officer for driving under the influence? Select one.
Question 1 options:
Yes, discretion can be used.
No, discretion cannot be used.
Question 2 (4 points)
Officers respond to a 911 call regarding an aggressive panhandler who is
intoxicated and harassing passing pedestrians. Upon arrival, officers attempt to
conduct a field interview of the subject when a female with a cell phone camera
steps between the officers and the panhandler and begins shouting at the officers
to leave the man alone. The officers tell the woman she is free to record. However,
she is obstructing their investigation and she needs to step back. The woman steps
further back. She continues recording and verbally threatens the officers. Can
officers use discretion to arrest the female for obstruction and verbal
threats/assault? Select one.
Question 2 options:
Yes, discretion can be used.