What action can be taken if a peace officer does not have probable cause to make an arrest?

In the context of law enforcement, if a peace officer does not have probable cause to make an arrest, the correct action is that the arrest is not lawful and should not occur. Probable cause is a fundamental legal standard that requires sufficient reason based on known facts to believe that a crime has been, or will be, committed. Without this threshold being met, any attempt to arrest could be considered unlawful, potentially leading to legal repercussions for the officer, including claims of false arrest or violation of civil rights.

The principle that an arrest must be based on probable cause protects individuals from arbitrary or unjust detentions by law enforcement, ensuring that their rights are upheld. In practice, this means that if there is no probable cause, the officer must refrain from conducting the arrest to comply with the law and maintain public trust in law enforcement practices.

While issuing a citation might be a remedy under certain circumstances, it is not applicable here without probable cause for an arrest originally in place. Similarly, consent or public safety considerations cannot override the legal requirement for probable cause, meaning that any arrest made on these grounds would still be considered unlawful.