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Originally Posted by newbreed
That's not always true. I don't know of any state that lets a police officer have that kind of discretion on implied or accused assaults on minors. That is up to a prosecutor or judge and jury, to say nothing of departmental policy on such matters.
Note: We haven't seen the picture in question, nor do we know the family history of those involved. Was the father a convicted sex offender? Was the mother? So many variables we don't know that would allow any of us to make that call (wether or not the cops did the right thing).
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In every state that I know of, the officer can refuse to make the arrest. In fact when there is any question, they will usually call the State attorneys office and run it by them, and even then the officer has the right to refuse. He can make the appropriate reports and pass it up the chain of command. I have seen that done many times.