Citation Versus Arrest Guide

This guide supports consistent field decisions. It does not replace probable cause, a mandatory court order, department policy, or officer safety judgment.

Default response by grade

Before choosing a disposition

Confirm:

1. Probable cause: Facts support every element of each proposed count.
2. Identity: The person’s identity is reasonably established.
3. Immediate safety: Weapons, impairment, medical needs, and continuing danger have been addressed.
4. Court status: Check warrants, release conditions, protection orders, probation, and suspended licenses when relevant.
5. Appearance risk: Consider flight, false identity, prior failure to appear, and stable contact information.
6. Victim safety: Consider retaliation, stalking, domestic violence, threats, and access to weapons.
7. Evidence risk: Consider whether release creates a concrete risk of destruction, intimidation, or coordinated flight.
8. Alternatives: Warning, citation, summons, protective custody, diversion referral, vehicle impound, or supervisor-directed release may adequately resolve the scene.

Circumstances favoring a warning

A warning is appropriate when the violation is minor, no meaningful harm occurred, the person promptly corrects the condition, and enforcement goals can be met without a formal citation. Record the warning when department systems permit, especially for repeated traffic, licensing, or public-order conduct.

A warning should not be used to conceal favoritism, avoid reporting force, bypass a protection order, or ignore a serious safety risk.

Circumstances favoring a citation or summons

A citation is normally appropriate when:

• the supported offense is an infraction, M3, or M2;
• identity and contact information are verified;
• the person is cooperative and likely to appear;
• the offense has ended;
• there is no immediate victim or public-safety threat;
• required evidence can be preserved without detention; and
• no warrant, court order, or policy requires custody.

Explain the alleged violation, appearance or payment process, and consequences of failing to respond. Obtain acknowledgment when the system supports it; a refusal to sign does not automatically create a new crime unless the law specifically says so.

Circumstances favoring custodial arrest

Custody is generally appropriate when:

• probable cause supports a felony or serious M1 offense;
• the person has a valid arrest warrant;
• identity cannot reasonably be established;
• the person is actively fleeing, violent, or dangerously impaired;
• release would expose a victim or witness to a concrete threat;
• evidence is being destroyed or witnesses are being intimidated;
• the person is violating a protection order or qualifying release condition;
• repeated conduct continues after lawful warnings; or
• department policy requires arrest.

Arrest is not punishment. Use only the restraint, search, transport, and booking process reasonably required by policy.

Domestic violence, stalking, and protection orders

Separate involved persons, check for injuries and weapons, identify the predominant aggressor based on evidence, and verify applicable orders. Do not arrest both parties merely because both make allegations. Follow any mandatory-arrest policy and arrange reasonable victim-safety information or transport.

Behavioral crisis or impairment

When serious criminal conduct is absent, consider EMS evaluation, protective custody, a sober responsible party, treatment referral, or diversion. Medical needs take priority over routine booking. Dangerous criminal conduct may still support arrest after stabilization.

Required documentation

Whether citing or arresting, record:

• the conduct and mental state supporting each count;
• identity and jurisdiction;
• victim, witness, and evidence information;
• relevant warnings or opportunities to comply;
• safety, flight, and court-status checks;
• the selected disposition and reason; and
• supervisor consultation when required.

Use the offense classification table for penalty bands and the common charging scenarios for merger examples.