In Duran v. City of Douglas (Arizona), which factor alone is not sufficient to arrest?

• A. Probable cause
• B. Consent of the person
• C. Being drunk and obnoxious alone
• D. A misdemeanor offense

Answer: (C)

Being arrested requires a reasonable belief, based on facts, that a crime has been committed. Duran v. City of Douglas clarifies that intoxication and being loud or obnoxious by themselves do not provide that reasonable basis to arrest. In other words, drunkenness alone isn’t a crime and doesn’t create probable cause to arrest without more facts showing a specific offense or imminent threat.

The other ideas can justify an arrest under proper conditions: probable cause to believe a crime has occurred, or a person freely consenting to be arrested can support custody, and a misdemeanor offense can justify arrest when it occurs in the officer’s presence or there is other sufficient basis. So, the behavior described—being drunk and obnoxious alone—does not, by itself, justify an arrest.