If a magistrate refuses to issue an arrest warrant for a person in the officer's custody, which of the following is true?

• A. The officer must release the suspect
• B. The officer may detain the suspect without a warrant
• C. The officer should file an appeal with the same magistrate
• D. The officer can arrest without a warrant

Answer: (A)

When a magistrate refuses to issue an arrest warrant, there is no lawful basis to continue detaining the person for that alleged offense. Arrests and continued custody rely on the authority of a warrant or a valid warrantless basis supported by probable cause. Without a warrant, the officer cannot keep the person in custody for that charge, so the correct action is to release the suspect.

Detaining someone without a warrant would be improper in this situation, and appealing to the same magistrate is not a immediate remedy for the custody decision. Arresting without a warrant isn’t justified here because the necessary authority (a warrant or other lawful basis) isn’t present.