A police officer arrested a motorist for not wearing a seatbelt, a violation of the law of the state as well as a violation of a local misdemeanor ordinance. [Local law allowed either an arrest or the issuance of a citation

] If a motorist were to be convicted, the violation involved only a monetary fine and could not result in any incarceration. Under the circumstances, the Fourth Amendment requirement of reasonableness
A) has been violated where the state and local law allowed an unreasonable amount of discretion to the police officer concerning whether to arrest or to issue a citation.
B) has been violated because common sense would dictate that an arrest for a minor seatbelt violation must be construed as an unreasonable use of governmental authority.
C) has not been violated where probable cause to arrest existed.
D) has been violated since any custody for an offense that could only result in a fine does not give rise to probable cause to arrest and would be unreasonable under the Fourth Amendment.
E) none of the above responses is a correct response.


C

Criminal Justice

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