As amended through November 13, 2023
Rule 5.2 - Authority to Issue Citations(a) A law enforcement officer in the field acting without a warrant who has reasonable cause to believe that a person has committed any misdemeanor may issue a citation in lieu of arrest or continued custody.(b) When a person is arrested for any misdemeanor, 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.(c) Upon the recommendation of a prosecuting attorney, 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 felony.(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:(i) place and length of residence;(ii) family relationships;(iv) present and past employment;(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.