Policy Text
DEPARTMENTAL GENERAL ORDER M-7 Rev.
25 Oct 96
Index as: Citations for Adult Misdemeanors Field Citations for Adult Misdemeanors Jail Citations for Adult Misdemeanors Misdemeanor Citations for Adults
Page 1 of 7
CITATIONS FOR ADULT MISDEMEANORS
The purpose of this order is to set forth circumstances under which arresting and booking officers may issue or deny citations for adult misdemeanor offenses. I. DEFINITIONS
A. Misdemeanor , as used in this order, shall mean any offense
punishable by fine or imprisonment in a county jail for not more than six months and/or by fine not exceeding $1,000 (Penal Code Section 19). Those offenses that are punishable as either a misdemeanor or a felony shall be handled as felonies.
B. Arrest , as used in this order, shall mean taking a person into
temporary custody in the field either by actual restraint or by the person’s submission to detention.
C. Physical arrest , as used in this order, shall mean taking a person
into custody and transporting him/her to the jail.
D. A citation is a Notice to Appear (836-001) which releases an
arrested person and directs him/her to appear in court on a particular day to respond to the arrest charge. Citations may be issued after either an arrest or a physical arrest; that is, they may be issued in
the field or at the jail.
E. An adult is a person 18 years of age or older.
II. GENERAL POLICY
A. It shall be Departmental policy to issue citations for misdemeanor offenses or following a citizen’s arrest for a misdemeanor offense
DEPARTMENTAL GENERAL ORDER M-7 Rev.
OAKLAND POLICE DEPARTMENT 25 Oct 96
unless one or more of the criteria set forth in Part III of this order
exist.
B. Persons arrested for infractions shall be cited pursuant to Penal Code
Section 853.5 unless they refuse to sign the citation or fail to present satisfactory personal identification.
C. Misdemeanor offenders shall not be detained in the jail merely upon the request of an arresting officer. Jail Section supervisory personnel shall base a decision to detain or release an offender on the Departmental criteria set forth in Part III of this order.
III. CRITERIA FOR PHYSICAL ARREST/GROUNDS FOR DENYING FIELD AND JAIL CITATION
Circumstances for
Physical ArrestAuthority for
Denying CitationMisdemeanor
Warrants
A. The person is a danger to him/herself or
others due to intoxica tion or being under the
influence of drugs or narcotics 853.6i (1) 827.1(e)
(VC 23152/3 violations - refer to General
Order P-2 for chemical testing and Admin Per Se license suspension procedures)
B. The person requires medical examination or
medical care or is otherwise unable to care for his/her own safety (including H&S 11550, PC 647(f) 853.6i (2) 827.1(f)
C. The person cannot provide satisfactory
evidence of personal identification 853.6i(5)
VC 40302(a) 827.1(j)
D. The person refuses to sign the citation
(VC 40302b) or demands to be taken before a magistrate (VC 40302c); and any circumstance(s) listed under VC 40303 853.6i(3) 853.6i(8) 827.1(i)
E. The prosecution of the offense(s) for which
the person is arrested, or the prosecution of any other offense(s) would be jeopardized
by immediate release of the person arrested 853.6i(6)
Page 2 of 7
DEPARTMENTAL GENERAL ORDER M-7 Rev.
OAKLAND POLICE DEPARTMENT 25 Oct 96
Circumstances for
Physical Arrest (Cont’d)Authority for
Denying CitationMisdemeanor
Warrants
F. The person is wanted for parole and/or
probation violations Department Policy
G. There is reason to believe that the person
will fail to appear in court if released on
citation. The basis for this determination shall be specifically stated on the offense report. 853.6i(9)
H. There is reasonable likelihood that the
offense would continue or resume or that the safety of persons or property would be
immediately endangere d by the release of
the person. Offenses which the Department determines to be continuous
include but are not limited to: 853.6i(7) 827.1(h)
1. Prostitution, PC 647(b)
2. Soliciting/engaging in lewd act,
PC 647(a)
3. Indecent exposure, PC 314.1
4. Encouraging to commit indecent
exposure, PC 314.2
5. Keeping/residing in house of ill
fame, PC 315
6. Keeping a disorderly house, PC 316
7. Prevailing upon one to visit a place
of prostitution, PC 318
8. An addict or habitual shoplifter
9. Violating a protective court order
involving domestic violence, PC 853.6(a)
10. Panhandling
I. The warrant of arrest indicates that the
person is not eligible to be released on a citation 827.1(k)
Page 3 of 7
DEPARTMENTAL GENERAL ORDER M