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)