Police Department Policy

UCSF_04.06.04_-_Adult_Custody_Procedures_266836

UCSF PD

Policy Text
University of California, San Francisco Police Department General Orders 1 4.6 Patrol Operations 4.6.4 Adult Custody Procedures (Revised : 4/9/20 ) UCSF police officers shall fulfill all legal procedures and adhere to all laws pertaining to lawful arrests of any legal code book of the State of California, including, but not limited to, the Penal and Vehicle Codes. Officers, additionally, shall comply with all standards set forth in the University of California’s Universitywide Police Policies and Administrative Procedures Manual, Chapter 9, "ARRESTS." A. Police officers may make arrests in the following situations as defined in PC § 836: 1. In obedien ce to a warrant 2. Without a warrant when the officer has probable cause to believe that the person to be arrested has committed a public offense in the officer’s presence 3. Without a warrant when the person to be arrested has committed a felony but not in the officer’s presence 4. The officer has probable cause to believe that the person to be arrested has committed a felony , whether or not a felony has, in fact, been committed. B. California Penal Code § 853.6 states that in any case in which a per son is arrested for an offense declared to be a misdemeanor, including a violation of any city or county ordinance, and does not demand to be taken before a magistrate, he/she shall be released according to the procedures set forth in this chapter. If the person is released, the officer or superior shall prepare, in duplicate, a written notice to appear in court, containing the name and address of the person, the offense, time and place charged and where the person shall appear in court. 1. For adults, offi cers shall allow 30 to 40 calendar days from the date of offense in determining a court date. Officers shall start with the first available court date falling one month after the date the citation is issued. For example, officers issuing a citation on the 12th of April shall look for the first available court date after the 12th of May. C. At all times, officers shall maintain personal custody and provide visible security for arrestees until custody and security responsibilities are formally taken over by a medical/mental health treatment facility or a law enforcement incarceration facility. 1. Officers shall fully cooperate with the lawful procedures and requirements of medical/mental health treatment personnel in their evaluation of arrestees, but officers shall not compromise their custody and security responsibilities in cooperating. 2. Officers issuing a citation based on a citizen’s arrest must check the box above the signature line where it states "Violations(s) not committed in my presence. Declared on information and belief." Officers using another officer's citation must University of California, San Francisco Police Department General Orders 2 sign on the line that says, "Name of arresting officer if different from above." The citizen must sign the back of the yellow, District Attorney’s copy of the citation. a. Officers will still need the citizen's signature on a separate "Citizens Arrest Form." D. Officers citing an adult for CVC sections related to alcoholic beverages in vehicles (i.e., Vehicle Code §§ 23220 through 23226), a speeding violation of 26 MPH over the posted speed limit or other specific sections requiring a mandatory appearance, shall cite the violator to Department A, allowing the same 30 to 40 days for a court date. This type of incident will still require a separate police report. E. All felony arrestees shall be booked at the County Jail for processing. F. Officers booking arrestees into the County Jail for on -view felony or misdemeanor offense s shall adhere to the reporting requirements of General Order 4.23.6 , “Pre-arraignment Requirements (Buffin) ,” Section C .

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