When can a police officer cite and release a detainee?

California, United States of America


The following excerpt is from People v. Lopez, 255 Cal.Rptr.3d 526, 453 P.3d 150, 8 Cal.5th 353 (Cal. 2019):

When an officer has obtained satisfactory evidence of a detainees identity, he or she may cite and release the detainee. ( Pen. Code, 853.5, subd. (a) ; Veh. Code, 40303, 40500, 40504 ; People v. Superior Court (Simon ) (1972) 7 Cal.3d 186, 199, 101 Cal.Rptr. 837, 496 P.2d 1205.)11 The

[255 Cal.Rptr.3d 543]

officer also has

[453 P.3d 164]

Other Questions


If renaming a police officer in the name of a police community support officer is a good cause for concern, and if so, what effect will the name have on the police community? (California, United States of America)
Does a complaint to the police department asserting misconduct by a police officer constitute a crime prescribed under California Penal Code section 148.5 of reporting to police officer that a felony or misdemeanor has been committed? (California, United States of America)
Can a defendant who claims self-defense to a charge of battery upon a police officer, who is also charged with battery upon the officer, obtain materials from the police department concerning the propensity for violence against the officer? (California, United States of America)
Is a police officer who takes advantage of a detainee's lawful restraint and engages in sexual acts for the improper purpose, such as sexual arousal or gratification, unlawfully restrain the detainee? (California, United States of America)
What is the effect of public interest in a police officer soliciting other police officers to commit armed robberies? (California, United States of America)
Can a police officer sue an officer from another police force for personal injury? (California, United States of America)
Can a defendant who shot an off-duty police officer in the head with a single shot, get out of his car, get into his car and shoot the officer as the officer is approaching? (California, United States of America)
What is the test for admitting an admission of a statement to a police officer that he would kill the first police officer to step inside his cell if he was not permitted to visit with his wife? (California, United States of America)
In what circumstances would the defense in a civil case have to call at least two police officers, the officer who was involved in a chase and the officer involved in the chase, and the person who was arrested for shots being fired from his car? (California, United States of America)
What is the difference between evading and assaulting a police officer and shooting at officers? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.