MCOLES State Licensing Practice Exam

Can an officer arrest a husband who cleaned and loaded a shotgun during an argument, based on the wife’s testimony?

1. Yes, if he points the gun at her and threatens her

2. Yes, if the gun is found loaded and operational

3. No, there is nothing wrong with that

4. Yes, if a neighbor witnessed the argument

The correct answer is: No, there is nothing wrong with that

The idea that an officer cannot arrest the husband in this scenario is based on the principles of self-defense or the absence of a direct threat or observable crime. For an arrest to be justified, there typically needs to be evidence of a crime—for instance, a direct threat to the wife in this context, such as pointing the gun at her and making threats. In the situation described, simply cleaning and loading the gun does not necessarily constitute a crime unless there is additional context, such as a credible threat or an immediate danger to the wife. Testimony alone, without accompanying actions that demonstrate intent to harm, may not provide sufficient grounds for an arrest. The officer must have probable cause that a crime has been committed or is in progress, and just the act of preparing a firearm without direct threats might not meet that threshold. The other choices involve circumstances where a clearer crime or threat could justify an arrest, such as the husband actively threatening the wife or if there were witnesses to a more aggressive confrontation.