Policy Text
CATEGORY DATE ADOPTED LAST REVIEW
2 1/24/2011 01/01/20 25
TUSTIN POLICE DEPARTMENT GENERAL ORDERS
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420 - Cite & Release Policy 1 POLICY 420 CITE AND RELEASE POLICY
420.1 PURPOSE AND SCOPE
Penal Code § 853.6 requires law enforcement agencies to use citation release procedures in lieu
of taking the suspect before a magistrate (booking at the Orange County Jail) for misdemeanor
offenses with certain exceptions. The State Legislature has shown the intent to release all
persons on misdemeanor citations, if qualified for such release.
420.1.1 ACCREDITATION STANDARDS
This section pertains to the following CALEA Standards: 1.1.3 , 1.2.5 , 1.2.6 , 1.2.7, 44.2.1, 74.3.1 ,
82.2.2
420.2 STATUTORY REQUIREMENTS
Citation releases are authorized by Penal Code § 853.6 (a)(1) . Release by citation for
misdemeanor offenses can be accomplished in two separate ways:
a) A field release is when the violator is released in the field without being transported to a
jail facility ;
b) A station release is when a violator is released after being transported to the station and
booked (fingerprints / photographs).
Penal Code § 825(a)(1) states that an arrestee shall be taken before a magistrate without
unnecessary delay. The Tustin Police Department maintains a Temporary H olding Facility only .
All arrestees requiring or demanding immediate appearance before a magistrate shall be booked
in the Orange County Jail. It is the responsibility of the Orange County Sheriff's Office to deliver
the arrestee to a magistrate.
420.2.1 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, 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 should clearly identify him/herself as a police officer if reasonable.
CATEGORY DATE ADOPTED LAST REVIEW
2 1/24/2011 01/01/20 25
TUSTIN POLICE DEPARTMENT GENERAL ORDERS
__________________
420 - Cite & Release Policy 2 Officers are authorized to use verbal or written warnings to resolve minor traffic and criminal
violations when appropriate.
420.2.2 ALTERNATIVES TO ARREST
Officers should consider available criminal justice or social service diversion programs and other
known alternatives when appropriate. Those may include:
a) Mental health services ;
b) Detox centers ;
c) Crisis resolution/mediation .
420.3 DEPARTMENT PROCEDURE
The following procedure will be f ollowed to comply with Penal Code § 853.6 :
420.3.1 FIELD CITATIONS
In most misdemeanor cases an arrestee 18 years or older may be released on a citation 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 and Penal Code § 1270.1) .
420.3.2 TEMPORARY HOLDING FACILITY RELEASE
In certain cases, it may be impractical to release a person arrested for misdemeanor offenses in
the field. The person arrested may instead be released after booking at the temporary holding
facility , with Watch Commander approval. Any person arrested for a misdemeanor offense shall
be released on his/her written promise to appear after the booking procedure is completed,
unless disqualified for reasons listed in Policy Manual § 420.3 .3.
420.3.3 DISQUALIFYING CIRCUMSTANCES
Penal Code § 853.6(i) specifies that a person arrested for a misdemeanor shall be released on a
notice to appear unless one of the following situations is present:
a) The person arrested is so intoxicated that he/she could be a danger to himself/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 . Officers shall not release an arrestee from custody for the
purpose of allowing that person to obtain 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 :
CATEGORY DATE ADOPTED LAST REVIEW
2 1/24/2011 01/01/20