State v. Walker

OPINION

BIRCH, Jr., Justice.

I. INTRODUCTION

The statute pertinent here provides that an officer who observes the commission of certain misdemeanors must cite and release the misdemeanant rather than effecting a custodial arrest. 1 There are, however, exceptions to this statute. The exception relevant here authorizes an officer to effect a custodial arrest of a misde-meanant when that person “cannot or will not offer satisfactory evidence of identification ....” 2

We accepted review to clarify the “identification exception” to our “cite and release” statute. To clarify this exception, we must…