FDLE Law Enforcement Officer Certification Exam

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Under Florida law, a law enforcement officer has the discretion to issue a Notice to Appear in lieu of a physical arrest for most misdemeanors. Which of the following circumstances would legally *prohibit* an officer from issuing a Notice to Appear and instead require a physical arrest?

The offense committed was a first-degree misdemeanor. The accused has no prior criminal history. The accused fails or refuses to provide satisfactory identification. The accused is a resident of a different county within Florida.

Correct Answer:

The accused fails or refuses to provide satisfactory identification.

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