Rules of Criminal Procedure Rule 5 Release by a LEO acting without an arrest warrant

Question 1

Rule 5.1. Definitions. (a) “Citation” means

Answer 1

a written order, issued by a law enforcement officer who is authorized to make an arrest, requiring a person accused of violating the law to appear in a designated court or governmental office at a specified date and time.

Question 2

Rule 5.1. Definitions. (b) “Summons” means

Answer 2

an order issued by a judicial officer or, pursuant to the authorization of a judicial officer, by the clerk of a court, requiring a person against whom a criminal charge has been filed to appear in a designated court at a specified date and time.

Question 3

Rule 5.1. Definitions.(c) “Order to appear” means

Answer 3

an order issued by a judicial officer at or after the defendant’s first appearance releasing him from custody or continuing him at large pending disposition of his case but requiring him to appear in court or in some other place at all appropriate times.

Question 4

Rule 5.1. Definitions.(d) “Release on own recognizance” means

Answer 4

the release of a defendant without bail upon his promise to appear at all appropriate times, sometimes referred to as “personal recognizance.”

Question 5

Rule 5.1. Definitions.(e) “Release on bail” means

Answer 5

the release of a defendant upon the execution of a bond, with or without sureties, which may be secured by the pledge of money or property.

Question 6

Rule 5.1. Definitions.(f) “First appearance” means

Answer 6

the first proceeding at which a defendant appears before a judicial officer.

Question 7

Rule 5.2. Authority to Issue Citations. (a) A law enforcement officer in the field acting without a warrant who has ___________ to believe that a person has committed ____________may issue a citation in lieu of arrest or continued custody.

Answer 7

reasonable cause / any misdemeanor

Question 8

Rule 5.2. Authority to Issue Citations. (b) When a person is arrested for any misdemeanor, the ranking officer on duty at the __________ to which the arrested person is taken may issue a __________ in lieu of continued custody.

Answer 8

place of detention / citation

Question 9

Rule 5.2. Authority to Issue Citations. (c) Upon the recommendation of a ______________, the ranking officer on duty at the place of detention to which the arrested person is taken may issue a citation in lieu of continued custody when the person has been arrested for a ____________.

Answer 9

prosecuting attorney / felony

Question 10

Rule 5.2. Authority to Issue Citations. (d) In determining whether to continue custody or issue a citation under (a) or (b) above, the officer shall inquire into and consider facts about the accused, including but not limited to:

Answer 10

(i) place and length of residence;

(ii) family relationships;

(iii) references;

(iv) present and past employment;

(v) criminal record; and

(vi) other relevant facts such as:

(A) whether an accused fails to identify himself satisfactorily;

(B) whether an accused refuses to sign a promise to appear pursuant to citation;

(C) whether detention is necessary to prevent imminent bodily harm to the accused or to another;

(D) whether the accused has ties to the jurisdiction reasonably sufficient to assure his appearance and there is a substantial likelihood that he will respond to a citation;

(E) whether the accused previously has failed to appear in response to a citation.

Question 11

Rule 5.3. Form of Citation.
(a) Every citation shall:

Answer 11

(i) be in writing;

(ii) state the name of the officer issuing it with the title of his office;

(iii) state the date of issuance and the municipality or county where issued;

(iv) specify the name of the accused and the offense alleged;

(v) designate a time, place, and court for the appearance of the accused; and

(vi) except in case of an electronic citation, provide a space for the signature of the accused acknowledging his promise to appear.

Question 12

Rule 5.3. Form of Citation.(b) Every citation shall inform the accused

Answer 12

that failure to appear at the stated time, place, and court may result in his arrest and shall constitute a separate offense for which he may be prosecuted.

Question 13

Rule 5.4. Procedure for Issuing Citations.
(a) In issuing a citation the officer shall deliver _________ of the citation to the accused.

Answer 13

one (1) copy

Question 14

Rule 5.4. Procedure for Issuing Citations. (b) The officer shall thereupon release the accused or, if the person appears

Answer 14

mentally or physically unable to care for himself, take him to an appropriate medical facility.

Question 15

Rule 5.4. Procedure for Issuing Citations. (c) As soon as practicable, one (1) copy of the citation shall be filed with the

Answer 15

court specified therein, and one (1) copy shall be delivered to the prosecuting attorney.

Question 16

Rule 5.4. Procedure for Issuing Citations. If an electronic citation is issued, (i) either a written or electronic copy of the citation shall be filed with the ____________ therein as designated by the clerk of that court, and (ii) either a written or electronic copy of the citation shall be delivered to the prosecuting attorney as designated by the prosecuting attorney.

Answer 16

court specified

Question 17

Rule 5.2. Authority to Issue Citations.

(vi) other relevant facts such as:

Answer 17

(A) whether an accused fails to identify himself satisfactorily;

(B) whether an accused refuses to sign a promise to appear pursuant to citation;

(C) whether detention is necessary to prevent imminent bodily harm to the accused or to another;

(D) whether the accused has ties to the jurisdiction reasonably sufficient to assure his appearance and there is a substantial likelihood that he will respond to a citation;

(E) whether the accused previously has failed to appear in response to a citation.