David,a deputy sheriff,arrests Jake based on an outstanding arrest warrant asserting that Jake burglarized a local pharmacy.Weeks later a judge rules that the arrest warrant was invalid because he was not dated and signed properly.Although the arrest was unlawful,David will not faces charges of unlawful restraint because he has available the public duty defense.

Question

Quizplus · Accepted Answer

The public duty defense protects law enforcement officers from liability when they act in good faith and within the scope of their official duties, even if their actions turn out to be unlawful. Since David was carrying out his official duties as a deputy sheriff when he arrested Jake on an outstanding warrant, he can use the public duty defense to avoid facing charges of unlawful restraint.

David,a Deputy Sheriff,arrests Jake Based on an Outstanding Arrest Warrant