MCOLES State Licensing Practice Exam

If an assault and battery occurs outside of an officer's presence, what should the officer do?

1. Make an immediate arrest.

2. Take a report and refer it to the prosecutor's office.

3. Contact witnesses for further information.

4. Ignore it since it was not witnessed.

The correct answer is: Take a report and refer it to the prosecutor's office.

When an assault and battery occurs outside of an officer's presence, the appropriate course of action is to take a report and refer it to the prosecutor's office. This approach is significant because it ensures that the incident is formally documented, which is crucial for any potential legal proceedings. Taking a report provides a clear record of the details surrounding the incident, including the accounts of any witnesses and the evidence available. This documentation is essential for the prosecutor’s office to assess the situation and determine if charges should be filed based on the evidence presented. In situations where the officer does not witness the crime directly, making an immediate arrest may not be justified without probable cause or the officer's ability to verify the circumstances surrounding the incident. Similarly, securing further information from witnesses is important, but it primarily serves as part of the report-taking process rather than being a standalone action. Ignoring the incident is not an option, as law enforcement has a duty to respond to crimes and ensure public safety. Thus, taking a report and referring it to the appropriate legal authorities is both responsible and compliant with procedural requirements in such cases.