Policy Text
Policy
418Fremont Police Department
Cite and Release Policy
418.1 PURPOSE AND SCOPE
This policy provides guidance on when to release adults who are arrested for a criminal
misdemeanor offense on a written notice to appear (citation) and when to hold for court or bail.
418.2 POLICY
It is the policy of the Fremont Police Department to release all persons arrested on misdemeanor
or other qualifying charges on a citation with certain exceptions (Penal Code § 853.6).
If there is a reason for non-release, the Department’s mission to protect the community will be
the primary consideration when determining whether to release any individual in lieu of holding
for court or bail.
418.2.1 DISCRETION TO ARREST
While this department recognizes the statutory power of peace officers to make arrests throughout
the state, officers are encouraged to use sound discretion in the enforcement of the law. On-duty
arrests will not generally be made outside the jurisdiction of this department except in cases of
hot and/or fresh pursuit, while following up on crimes committed within the City, while working
with a joint task force,or while assisting another agency. On-duty officers who discover criminal
activity outside the jurisdiction of the City should, when circumstances permit, consider contacting
the agency having primary jurisdiction before attempting an arrest.
Off-duty officers observing criminal activity should generally take enforcement action only when
it reasonably appears that imminent risk to life or property exists and the reasonable opportunity
does not exist to contact the law enforcement agency with primary jurisdiction. In such situations
the involved officer shall clearly identify him/herself as a police officer.
Officers are authorized to use verbal or written warnings to resolve minor traffic and criminal
violations when appropriate.
418.3 RELEASE BY CITATION
Except in cases where a reason for non-release as described below exists, adults arrested for
a misdemeanor offense, including a private person's arrest, shall be released from custody on a
citation (Penal Code § 853.6).
The citing officer shall, at the time the defendant signs the notice to appear, call attention to the
time and place for appearance and take any other steps they deem necessary to ensure that the
defendant understands their written promise to appear.
418.3.1 FIELD CITATIONS
In most cases an adult arrested for a misdemeanor offense may be released in the field on a
citation in lieu of physical arrest when booking and fingerprinting is not practicable or immediately
required provided the individual can be satisfactorily identified, there is no outstanding arrest
warrant for the individual and none of the below described disqualifying circumstances are present
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(Penal Code § 853.6; Penal Code § 1270.1). In such cases the arresting officer should check the
booking required box on the citation form to indicate that the person will be photographed and
fingerprinted at a later time when ordered by the court.
When a booking photo or fingerprints are needed for the furtherance of any investigation, the
person should be released on citation after booking instead of on a field citation.
418.3.2 RELEASE AFTER BOOKING
In some cases it may not be feasible or desirable to release a person in the field. The person
should instead be released on citation after booking at the jail.
418.3.3 DISQUALIFYING CIRCUMSTANCES
A person arrested for a misdemeanor shall be released on a notice to appear unless one of the
following situations is present ( Penal Code § 853.6(i)):
(a)The person arrested is so intoxicated that he/she could be a danger to him/herself or
to others. Release may occur as soon as this condition no longer exists.
(b)The person arrested requires medical examination or medical care or is otherwise
unable to care for his/her own safety.
1.The Fremont Police Department shall not release an arrestee from custody for
the purpose of allowing that person to seek medical care at a hospital, and
then immediately re-arrest the same individual upon discharge from the hospital,
unless the hospital determines this action will enable it to bill and collect from a
third-party payment source ( Penal Code § 4011.10).
(c)The person is arrested for one or more of the offenses listed in Vehicle Code §§ 40302,
40303 and 40305.
1.Any person arrested for any offense listed in Vehicle Code § 40303(b) shall, in
the judgment of the arresting officer, either be given a 10-day notice to appear
or be taken without delay before a magistrate in the county of arrest.
2.If a person under Vehicle Code §§ 40303 or 40305 does not have satisfactory
identification, the officer may require the individual to provide a right thumbprint
(or other finger). However, such print may not be used for other than law
enforcement purposes.
3.Should any person arrested on a notice to appear claim under penalty of perjury
not to be the person listed in the notice, such person may request that his/her
thumbprint be taken for comparison at a fee not to exceed the actual cost of
such service.
(d)There are one or more outstanding arrest warrants for the person.
(e)The person could not provide satisfactory evidence of personal identification.
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1."Satisfactory evidence of identification" is defined