Misdemeanor Arrests - May 2023ROHNERT PARK DEPARTMENT OF PUBLIC SAFETY
TRAINING BULLETIN -MISDEMEANOR &MINOR OFFENSE ARRESTS
05/2023
Topic:Misdemeanor &Minor O ense Arrests +Cite &Release
Policy 411 -Cite &Release
Policy 411.3.2 -Disqualifying Circumstances &Policy 411.4.1 -Reasons for Non-Release
This policy states “A person arrested for a misdemeanor shall be released on a notice to
appear unless one of the following situations is present (Penal Code Section 853.6(i))”
The exceptions in this policy include,but are not limited to:
●Arrestee is so intoxicated that they cannot care for himself/herself or others.
●Arrestee requires medical care or unable to care for self/own safety
●Arrestee is arrested for a violation under CVC 40302,40303,40305
●Arrestee has one or more outstanding warrants
●Arrestee could not provide satisfactory evidence of personal identification
●The prosecution of the o ense(s)would be jeopardized by the immediate release of
the arrestee
●There is a reasonable likelihood that the o ense(s)would continue.
●Arrestee demands to see a magistrate or refuses to sign written notice to appear
●There is reason to believe the person would to appear pursuant to the written notice
to appear (the basis for the determination shall be specifically documented pursuant
to this policy).
●The charge(s)fall under Penal Code Section 1270.1 (serious or violent felonies,
domestic violence,etc.)
This Policy also states that:
“When a person is arrested on a misdemeanor o ense and is not released by criminal
citation,the reason for non-release shall be noted on the booking form.This form shall be
submitted to the Shift Supervisor for approval and included with the case file in the Records
Bureau.”
411.4 -Citation Release on Misdemeanor Warrants -827.1 PC
827.1 PC allows the release by citation for those arrested for a misdemeanor warrant unless
specific conditions exist.This includes,but is not limited to,the warrant being for a crime
involving violence,a firearm,resisting arrest,giving false information to a peace o cer,
level of intoxication,etc.
Policy 411.4.1 includes additional reasons for non-release of someone arrested for a
misdemeanor o ense,as governed by California Penal Code Section 853.6(i).
853.6 PC
Case Law -Custodial Arrest for Minor O enses
Atwater v.Lago Vista (2001)
Upheld a custodial arrest for a violation of Texas’seat belt law (an o ense punishable by
fine of not less than $25 and not more than $50).
United States v.McFadden (2001)
Upheld a custodial arrest for riding a bicycle on the sidewalk.
Washington v.Chrisman (1982)
“It is therefore immaterial that the suspect was arrested for a relatively minor crime”-the
suspect in this case was arrested for minor in possession of alcohol.
Case Law -Searches Incident to Arrest
In re Demetrius A (1st District Court of Appeal -1989)
The lawfulness of the search turns not on whether the o cer intended to release the
defendant after having taken him into custody,but on whether the o cer was justified in
arresting the defendant and taking him into custody in the first place.
References:
*Alameda County Point of View -Searches Incident to Arrest &Misdemeanor Arrests
https://le.alcoda.org/publications/point_of_view/files/SITA.pdf
https://le.alcoda.org/publications/point_of_view/files/AAZZ_SS21_Misdemeanor_Box.pdf
*Sonoma County District Attorney’s O ce
*Rohnert Park Department of Public Safety Lexipol Policy
*California Penal Code