According to TABC §103.04, when may an arrest be made for possession of illicit beverages?

• A. Only after formal court approval.
• B. After a prior conviction of the person.
• C. When any illegal beverage is found in a public place.
• D. When the officer has probable cause to believe a person is in unlawful possession of illicit beverages.

Answer: (D)

The rule tests the idea that a warrantless arrest for possession of illicit beverages rests on probable cause. Probable cause means the officer has enough facts and circumstances to make a reasonable person believe the person is unlawfully in possession of illicit beverages, not just a hunch. This standard lets an officer arrest without court approval when there’s a reasonable belief that the individual is in unlawful possession. It isn’t about a prior conviction or about a beverage being found somewhere; it’s about who has possession and whether that possession violates the law. So, if the officer observes facts (how the person is handling or controlling the beverage, the type of beverage, location, behavior, etc.) that would lead a reasonable officer to believe unlawful possession is occurring, an arrest is justified.