MAY 21, 2002
Concerning a law enforcement officer’s discretion when determining whether to arrest pursuant to S.C. Code Ann. §16-25-70(B) in light of the fact that such section uses the phrase “must arrest.” You wish to know whether a police officer retains discretion in carrying out his or her duties pursuant to such section.
Requested by: The Honorable Rebecca Meacham-Richardson, Member, House of Representatives
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