In a bar fight between two strangers, if there is probable cause to believe the defendant committed a misdemeanor assault but the defendant refuses to accept a citation and you cannot determine his identity, you may:

• A. Arrest the defendant if you determine that he will not be apprehended unless immediately arrested.
• B. Release him and issue a summons.
• C. Take his name and let him go.
• D. Obtain a warrant before any action.

Answer: (A)

The key idea is that, when you have probable cause a misdemeanor has occurred but the person won’t accept a citation and you can’t identify him, you must consider whether he would be available for court without immediate action. If you determine he will not be apprehended unless he’s arrested right away, you may arrest him to secure his appearance.

Releasing him with a summons isn’t feasible here because you can’t identify him well enough to serve or compel him to appear. Simply taking a name and letting him go doesn’t address the risk that he could disappear or avoid process. Waiting for a warrant isn’t required when you have probable cause and a real concern he won’t come to court unless detained now. Arresting to ensure appearance is the appropriate step in this situation.