Late One Night Jose Is Walking Back to His Apartment

Late one night Jose is walking back to his apartment after drinking two beers at the local cantina.Because of recent burglaries in the area,a police officer stops Jose and asks about why he is out so late.The officer smells the odor of beer on Jose's breath.To lawfully arrest Jose for violating the public intoxication law,the officer would have to reasonably believe that Jose was intoxicated and:

A) acting in a disorderly manner.
B) a threat to the well-being of others.
C) unlikely to be able to care for himself in case of an emergency.
D) may endanger himself or another.

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