Policy Text
Policy
419Mountain View Police Department
Mountain View PD Policy Manual
Copyright Lexipol, LLC 2020/09/04, All Rights Reserved.
Published with permission by Mountain View Police
DepartmentCite and Release Policy - 1Cite and Release Policy
419.1 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.
419.2 POLICY
It is the policy of the Mountain View 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.
419.3 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 persons 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 he/she deems necessary to ensure that
the defendant understands his/her written promise to appear.
419.3.1 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
(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.
419.3.2 RELEASE AFTER PRE-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 pre-booking at AIB.
419.4 NON-RELEASE
Mountain View Police Department
Mountain View PD Policy Manual
Cite and Release Policy
Copyright Lexipol, LLC 2020/09/04, All Rights Reserved.
Published with permission by Mountain View Police
DepartmentCite and Release Policy - 2419.4.1 REASONS FOR NON-RELEASE
A person arrested for a misdemeanor shall be released on a citation unless there is a reason
for non-release. The patrol or unit supervisor may authorize a release on citation regardless of
whether a reason for non-release exists when it is determined to be in the best interest of the
Department and does not present an unreasonable risk to the community (e.g., release of an
intoxicated or ill person to a responsible adult).
Reasons for non-release include (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 Mountain View 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.
(d)There are one or more outstanding arrest warrants for the person (see Misdemeanor
Warrants elsewhere in this policy).
(e)The person could not provide satisfactory evidence of personal identification.
(a)If a person released on citation does not have satisfactory identification in his/her
possession, the person should be fingerprinted and photographed prior to their
release.If extenuating circumstances exist, the officer should minimally obtain a
fingerprint on the citation form.
(f)The prosecution of the offense or offenses for which the person was arrested or the
prosecution of any other offense or offenses would be jeopardized by the immediate
release of the person arrested.
(g)There is a reasonable likelihood that the offense or offenses would continue or resume,
or that the safety of persons or property would be imminently endangered by the
release of the person arrested.
(h)The person arrested demands to be taken before a magistrate or has refused to sign
the notice to appear.
(i)There is reason to believe that the person would not appear at the time and place
specified in the notice to appear. The basis for this determination shall be specifically
documented. Reasons may include:
1.Previous failure to appear is on record
2.The person lacks ties to the area, such as a residence, job or family
3.Unusual circumstances lead the officer responsible for the release of prisoners
to conclude that the suspect should be held for further investigation
Mountain View Police Department
Mountain View PD Policy Manual
Cite and Release Policy
Copyright Lexipol, LLC 2020/09/04, All Rights Reserved.
Published with permission by Mountain View