5.2 Non custodial arrest Flashcards
Custodial Arrest
When an officer acting with legal authority has probable cause to detain and seize an individual in response to a violation of the law.
Non-Custodial Arrest
When an officer has probable cause for an arrest and issues a 61-D.
DC Code 5-115.03
If any member of the police force shall neglect making an arrest for an offense against the laws of the united states in his presents, he or she shall be deemed guilt y of a misdemeanor and shall be punishable by imprisonment in the district jail or penatery not exceed 2years or a fine not exceeding $500.
61-D
Violation citation that can be issued for criminal offenses without taking a person into custody.
61-D (Jurisdiction)
61-D are prosecuted by the Office of Attorney General and any collateral set by the superior court is collected by the Washington D.C. MPD.
What can a citizen do after receiving a 61-D
Citizen can request a collateral or arraignment
illegal panhandling
Ask, beg ,or solicite alms
Aggressive panhandling
When someone uses fear or touch to try and receive goods or money. (Washing car windshield)
Crowding, obstructing or incommoding
It is unlawful for a person to obstruct or incommode any street, avenue , ally , or sidewalk or entrance to a public building. (Misdemeanor of 90 days, and a $500 fine)
Disorderly Disruptive gathering or congregation
Unlawful for a person to use loud threating abusive language with the intent of disrupting a lawful public gathering.(Misdemeanor of 90 days, and a $500 fine)
Disorderly , Disrupting use of public conveyance
Unlawful for a person to use loud threating abusive language with the intent of disrupting a lawful use of public transport .(Misdemeanor of 90 days, and a $500 fine)
Disorderly, noise at night
It is unlawful for a person to make unreasonably loud noise between 2200 and 0700. (Misdemeanor of 90 days, and a $500 fine)
Drinking of an alcoholic beverage, In a public space prohibited
It is unlawful to consume alcohol in a public area where its not permitted. (Misdemeanor of 90 days, and a $500 fine)
Possession of an open container of alcohol
it is unlawful to posses an open container of alcohol (Misdemeanor of 90 days, and a $500 fine)
Urination and defecating in public space
It is unlawful to urinate or defecate in public (Misdemeanor of 90 days, and a $500 fine)
Consumption of marijuana
It is unlawful to spoke marijuana in public
Misdemeanor of 60 days, and a $500 fine
PD-61 (Violation Citation)
is a citation that you can issue for misdemeanor offenses in the place of a custodial arrest. ( Not all misdemeanors are eligible for the issuance of a 61-D.)
Who can you not give a 61-D to?
Juvenile or a diplomat
Can you issue multiple 61-D to one person?
Yes, but they must have the same CCN #’s
What do you if the defendant does not show up for his arrangement?
Put out an arrest warrant for them.
Collateral
Monetary amount paid for an offense.
Fine
Must be found guilty of the offense to be issued a fine.
Warning Citation
You can issue a 61-D and write the word warning in big letters.
When you issue a warning you do not need to obtain CCN numbers or complete a stop report.
Bond
Form of security to ensure that they appear in court for trial.
