Subd. 1. Mandatory Citation Issuance in Misdemeanor Cases.
(a) By Arresting Officer. In misdemeanor cases, peace officers who decide to proceed with prosecution and who act without a warrant must issue a citation and release the defendant unless it reasonably appears: (1) the person must be detained to prevent bodily injury to that person or another;(2) further criminal conduct will occur; or(3) a substantial likelihood exists that the person will not respond to a citation. If the officer has already arrested the person, a citation must issue and the person must be released, unless any of the circumstances in subd. 1(a)(1)-(3) above exist. If any of the circumstances in subd. 1(a)(1)-(3) above exist, the officer may issue a citation or tab charge and detain the person until the appearance before a judge under Rule 4.02, subdivision 5(3), or until bail is posted pursuant to the district court bail process or schedule.
(b) At Place of Detention. When an officer brings a person arrested without a warrant for a misdemeanor to a police station or county jail, the officer in charge of the police station, sheriff in charge of the jail, or officer designated by the sheriff must issue a citation and release the person unless it reasonably appears to the officer that any of the circumstances in subd. 1(a)(1)-(3) exist. If any of the circumstances in subd. 1(a)(1)-(3) above exist, a citation or tab charge may be issued and the person may be detained until the appearance before a judge under Rule 4.02, subdivision 5(3), or until bail is posted pursuant to the district court bail process or schedule. (c) Offenses Not Punishable by Incarceration. A citation must be issued for petty misdemeanors and misdemeanors not punishable by incarceration. If an arrest has been made, a citation must be issued in lieu of continued detention.(d) Reporting Requirements. If the defendant is not released at the scene or place of detention, the officer in charge of the place of detention must report to the court the reasons why. Subd. 2. Permissive Authority to Issue Citations in Gross Misdemeanor and Felony Cases at Place of Detention.
When an officer brings a person arrested without a warrant for a felony or gross misdemeanor to a police station or county jail, the officer in charge of the police station, sheriff in charge of the jail, or officer designated by the sheriff may issue a citation and release the defendant unless it reasonably appears to the officer that any of the circumstances in subd. 1(a)(1)-(3) exist.
Subd. 3. Mandatory Release on Citation When Ordered by Prosecutor or Court.
In felony, gross misdemeanor, and misdemeanor cases, a person arrested without a warrant must be issued a citation and released if so ordered by the prosecutor or by the district court, or by any person designated by the court to perform that function.
Subd. 4. Form of Citation.
(a) General Form. Any citation, including an electronic citation, filed or e-filed with the court must be in a form prescribed by this rule and approved by the State Court Administrator and the Commissioner of Public Safety, who shall, to the extent practicable, include in the citation the information required by Minnesota Statutes, section 169.99, subds. 1, 1a, 1b, and 1c, and Minnesota Statutes, section 97A.211, subd. 1. The citation must contain the summons and complaint, and must direct the defendant to appear at a designated time and place or to contact the court or violations bureau to schedule an appearance. (b) Notices Regarding Failure to Appear. The citation must state that failure to appear or contact the court or violations bureau as directed may result in the issuance of a warrant. A summons or warrant issued after failure to respond to a citation may be based on facts establishing probable cause contained in or with the citation and attached to the complaint. The citation must contain notice regarding failure to appear when the offense is a petty misdemeanor as required in Minnesota Statutes, sections 169.99, subd. 1(b), and 609.491, subd. 1.
(c) Notice Regarding Fine Payment. The citation must contain the notice regarding fine payment and waiver of rights in Rule 23.03, subd. 3.(d) Electronic Citation. If the defendant is charged by electronic citation, the defendant must be issued a copy of the citation. This copy must include: (1) the directive to appear or contact the court or violations bureau in paragraph (a); and(2) the notices in paragraphs (b) and (c).Subd. 5. Lawful Searches. The issuance of a citation does not affect an officer's authority to conduct an otherwise lawful search.
Subd. 6. Persons in Need of Care. Even if a citation has been issued, an officer can take the person cited to an appropriate medical or mental health facility if that person appears mentally or physically incapable of self-care.
Amended effective 1/1/2012; amended April 22, 2015, effective 7/1/2015.