Suburban Law Enforcement Academy (SLEA) BA State Certification Practice Exam

Is Officer Dutton's arrest of Jessica constitutional based on the specified Illinois law regarding DUI?

1. Yes

2. No

3. Only if he had a warrant

4. Only if someone reported the incident

The correct answer is: Yes

The basis for determining whether Officer Dutton's arrest of Jessica is constitutional lies within the provisions of Illinois law regarding DUI (Driving Under the Influence). Under Illinois law, police officers are authorized to arrest individuals suspected of DUI without a warrant if they have probable cause to believe that the individual is operating a vehicle while under the influence of alcohol or drugs. In this case, if Officer Dutton observed behaviors that clearly indicated Jessica was driving under the influence—such as erratic driving, slurred speech, or the smell of alcohol—he would have established probable cause. The law allows for immediate action to ensure public safety, hence making the arrest constitutional. Moreover, Illinois law does not stipulate that a report from a third party or prior warning is a prerequisite for such an arrest. The emphasis is on the officer's direct observations and the evidence of impairment at the time of the arrest. As a result, the authority to make an arrest in DUI situations hinges primarily on the officer's assessment and the surrounding circumstances, which supports the assertion that Officer Dutton's actions were indeed constitutional in this context.