If a peace officer is unable to serve the subpoena, he or she must state the diligence used in attempting to locate the witness.

• A. False
• B. True
• C. The officer should ignore locating attempts
• D. The officer should wait until the next trial

Answer: (B)

When a subpoena is being served, there’s an expectation of reasonable effort to locate the witness. If the officer cannot complete service, they must document the diligence used—what steps were taken to find the witness, where searches were conducted, dates and times of attempts, and why service wasn’t possible. This record shows the officer acted with due care and helps the court decide whether substitute service or other measures are warranted. It protects the integrity of the process and the rights of all parties by ensuring service isn’t attempted haphazardly or skipped.

So the statement is correct: the officer must state the diligence used when they’re unable to serve the subpoena. The alternatives don’t fit because ignoring locating attempts or waiting to act at a later trial would undermine proper service and due process, and declaring the requirement unnecessary would be contrary to keeping service orderly and enforceable.