MCOLES State Licensing Practice Exam

If an officer did not witness a driver fail to stop at a stop sign, can they still make an arrest?

1. Yes, if there is Probable Cause based on investigation

2. No, witnessing the event is mandatory

3. Yes, as long as there is video evidence

4. Yes, but only if the driver admits guilt

The correct answer is: Yes, if there is Probable Cause based on investigation

An officer can indeed make an arrest for a traffic violation such as failing to stop at a stop sign, even if they did not personally witness the event, as long as there is probable cause based on the investigation conducted. Probable cause refers to the legal standard that allows law enforcement to make an arrest when they have reasonable grounds to believe that a crime has been committed. In scenarios where an officer arrives on the scene after the fact, they may gather evidence, speak with witnesses, or analyze other relevant information (such as statements from other drivers or available surveillance footage) that establishes a reasonable belief that the driver violated the law. This can be sufficient to justify an arrest. The other options suggest limitations that are not necessarily required for probable cause. For example, requiring the officer to have witnessed the event firsthand does not account for the possibilities of gathering later evidence or testimonies. Similarly, while video evidence could strengthen a case, it is not mandatory for establishing probable cause. Lastly, an admission of guilt by the driver can be a factor but is not a requirement for arrest; probable cause can be established through other means regardless of the driver's statements.