Policy Text
SACRAMENTO POLICE DEPARTMENT
GENERAL ORDERS
GO. 523.03
Page 1 of 3
523.03
Misdemeanor and Infraction Offenses
07-27-16
PURPOSE
The purpose of this order is to establish procedures for handling misdemeanor reports and individuals arrested
or cited for misdemeanor and infraction violations .
POLICY
It shall be the policy of the Sacramento Police Department to investigate circum stances relating to
misdemeanor and infraction offenses .
PROCED URE
A. GENERAL
1. Officers shall check subjects for warrants and verify their identity prior to issuing a citation or
arrest .
2. Officers shall release subjects arrested for misdemeanors pursuant to 853.6 PC .
3. Misdemeanor DUI arrests and citations shall be handled pursuant to G.O. 537.01 (Driving Under
the Influence Procedures).
4. Misdemeanor Domestic V iolence shall be handled pursuant to G .O. 533.04 (Domestic Violence).
B. GUIDELINES
1. To prevent the release of misdemeanor offenders, officers shall
a. Give specific details regarding the arrest of any individual charged with 148 PC to their
immediate supervisor. If the immediat e supervisor is not available, officers shall contact and
brief the on -duty watch commander .
b. List all applicable 85 3.6 PC criteria on the Booking/ Probable Cause form and verbally remind
the booking officer of the reason(s) for the notation.
c. List all relevant 853.6 PC booking criteria within related SPD report(s).
C. COMPLETING THE CITATION
1. When issuing a misdemeanor (non-traffic) citation, officers shall
a. Document the scheduled court appearance in the appropriate box on the SPD 109 or Electronic
Citation Device ( ECD ) citation .
b. Mark the “Booking Required” box and advise the offender of the scheduled court appearance
date and that failure to appear will result in an arrest warrant being issued.
c. Document the report number and subject’s X-reference number on the citation. If the subject
does n ot have an X -reference number, o fficers shall contact the Records Division (Warrants
Radio) and obtain one.
2. When issuing a traffic citation , officers s hall
a. Document the scheduled court appearance in the appropriate box on the SPD 109 or Electronic
Citation Device (ECD) citation.
b. Advise the cited subject of the date of the scheduled court appearance if they choose to contest
the citation .
c. Advise the violator that f ailure to appear will result in an arrest warrant being issued.
d. Advise the cited subject of correctable violations and the scheduled due date to correct the
violation (s).
D. THUMBPRINTS
1. If the subject to be cited does not have satisfactory identification, officers shall ensure the cited
individual’s right thumbprint is affixed on the Notice to Appear form (SPD 109) or on the ECD .
2. If it is not possible to obtain a right thumbprint, a l eft thumbprint (or any fingerprint) shall be utilized
and a notation made on the SPD 109.
3. Officers in the field may use Mobile Identification Devices ( e.g., Grab Em) to verify the identity of
an individual.
E. REPORTS
1. When completing reports, o fficers shall include
SACRAMENTO POLICE DEPARTMENT
GENERAL ORDERS
GO. 523.03
Page 2 of 3
a. The reason (s) for non -release .
b. The procedure used to identify the offender .
2. In addition to the SPD 109, a Private Person’s Arrest form ( SPD 108 ) shall be completed for every
adult released from a private person’s arrest in the field , if applicable .
3. Juvenile offenders shall be released pursuant to G.O. 540.05 (Arresting/Booking/Releasing
Juveniles) .
4. Adult DUI drivers injured and transported to a medical facility for treatment shall be released
pursuant to G.O. 537.01 (Driving Under the Inf luence Procedures) .
F. POSSESSION OF MARIJUANA
1. For guidance relating to the possession of marijuana for medical reasons (Proposition 215), refer
to G.O. 523.11 (Medical Marijuana) .
2. If the possession of marijuana is in conjunction with the use of a motor vehicle, and no other
serious violation is charged, officers shall charge 23222(b) CVC .
3. When citing an individual under 23222(b) CVC, officers shall complete a General Offense Report
and book the marijuana.
4. When possession of marijuana is not in conjunction with the use of a motor vehicle, officers shall
use the charge of 11357(b) H&S.
5. Officers charging offenders with 11357(b) H&S shall complete a General Offense Report and book
the marijuana as evidence .
6. When subjects are arrested for anything ot her than a warrant , and found to be in possession of
less than one (1) ounce of marijuana, DO NOT issue a citation on the marijuana charge. The
11357(b) H&S charge shall be listed as an additional charge on the arrest report.
7. When su bjects are cited and re leased on other charges and found to be in possession of less than
one (1) ounce