Policy Text
Procedure
5004Santa Ana Police Department
Santa Ana PD Procedures Manual
Copyright Lexipol, LLC 2020/09/23, All Rights Reserved.
Published with permission by Santa Ana Police DepartmentFAILURE TO APPEAR WARRANTS - CVC
40304.5 - 1FAILURE TO APPEAR WARRANTS - CVC
40304.5
5004.1 PURPOSE
This procedure establishes guidelines for officers when taking a person into custody for a failure
to appear warrant on a parking or traffic citation.
5004.2 BACKGROUND
California Vehicle Code section 40304.5 outlines the procedures officers shall follow when a
person is taken into custody for a failure to appear warrant on a parking or traffic citation.
5004.3 PROCEDURE
A.CVC 40304.5: Whenever any person is taken into custody for bail to be collected
on two or fewer outstanding warrants for failure to appear on a citation for a parking
offense or a traffic infraction, the person shall be provided the opportunity immediately
to post bail, and shall not be booked, photographed, or fingerprinted, nor shall an arrest
record be made, when the amount of bail required to be paid on the warrant may be
ascertained by reference to the face thereof or to a fixed schedule of bail, unless and
until all of the following requirements have been exhausted:
1.If the person has sufficient cash in his or her possession, that person shall be
given the opportunity immediately to post bail with the person in charge of the
jail or his designee.
2.If the person does not have sufficient cash in his or her possession, that person
shall be informed of his or her rights and given the opportunity to do all of the
following:
(a)Make not less than three completed telephone calls to obtain bail. The
person shall be permitted the use of the police or sheriff’s department
telephone to make not less than three completed local or collect long-
distance telephone calls to obtain bail. See Temporary Custody of Adult
Policy.
(b)Have not less than three hours in which to arrange for the deposit of bail.
B.Signed Waiver: In some instances, the arrestee may elect to waive these
opportunities/rights. In order to prevent possible criminal and/or civil recourse by
an arrestee against an officer of the City of Santa Ana, the arrestee must sign the
appropriate section on the booking form. If the arrestee refuses to sign the officer shall
write, “refused” in the signature block. This form will become part of the arrestee file
folder located in the Jail Records Division. The Jail Records Section also accepts the
exact amount of cash for the purpose of posting bail.