If discretion is not permitted in regard to a summons, you MUST:

If discretion is not permitted in regard to a summons, you MUST:

• A. Take the subject into custody
• B. Issue a citation
• C. Release subject
• D. File a complaint

Answer: (A)

When the law leaves no room for choosing how to handle the offense, the officer must act to detain the person. If a summons cannot be used because discretion is not permitted, the required action is to take the subject into custody. A summons is a notice to appear, not an arrest, and releasing the subject or simply filing a complaint at the scene wouldn’t satisfy the mandatory action. Therefore, arrest and physically detaining the individual is the correct course.

When the law leaves no room for choosing how to handle the offense, the officer must act to detain the person. If a summons cannot be used because discretion is not permitted, the required action is to take the subject into custody. A summons is a notice to appear, not an arrest, and releasing the subject or simply filing a complaint at the scene wouldn’t satisfy the mandatory action. Therefore, arrest and physically detaining the individual is the correct course.