In which of the following cases would discretionary power not be applicable?

Discretionary power refers to the ability of law enforcement officials to make choices based on their judgment and the specifics of a situation. It allows officers to assess circumstances and decide how to act accordingly.

In the context of implementing mandatory penalties for certain crimes, discretion is not applicable because mandatory penalties dictate specific consequences that must be followed without variation. For example, if a law stipulates that a certain crime carries a minimum sentence or specific fine, law enforcement and judicial officials do not have the discretion to alter that penalty. They are bound to enforce the law as it is written, leaving no room for individual judgment or situational assessment.

This contrasts with the other situations presented, where officers are given the freedom to decide based on their evaluations of the circumstances. For example, deciding whether to issue a warning or a ticket involves personal judgment about the severity of the offense and the context in which it occurred. Similarly, determining the appropriateness of making an arrest and evaluating the need for additional force both rely heavily on an officer's evaluation of the situation at hand. These scenarios inherently require the use of discretionary power, which is not the case with mandatory penalties.