GENERAL ORDERS LINCOLN POLICE DEPARTMENT
SUBJECT: PATROL OPERATIONS
TITLE: CITATION RELEASES
EFFECTIVE DATE: JUNE 1, 2025
REVISION DATE:
ACCREDITATION: ALABAMA ASSOCIATION OF CHIEFS OF POLICE (AACOP)
APPROVAL: CHIEF DARREN E. BRITTON
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CITATION RELEASES
411.1 PURPOSE AND SCOPE
The purpose of this policy is to provide members of the Lincoln Police Department with guidance on when to release adults who are suspected offenders on a summons or citation for a criminal offense, rather than having the person held in custody for a court appearance or released on bail. Additional release restrictions may apply to those detained for domestic violence, as outlined in the Domestic Violence Policy.
411.2 POLICY
The Lincoln Police Department will consider its resources and its mission of protecting the community when exercising any discretion to release suspected offenders on a summons or citation, when authorized to do so.
411.3 RELEASE WITHOUT CUSTODIAL ARREST
A suspected offender may be released on issuance of a summons or citation for most misdemeanor violations in the field unless otherwise prohibited by this policy or statute (Rule 4.3, Ala. R. Crim. P.).
411.4 PROHIBITIONS
The release of a suspected offender on a summons or citation in the field for a criminal offense is not permitted when the offender (Ala Code § 32-1-4; Rule 4.3, Ala. R. Crim. P.):
(a) Is arrested on a traffic-related felony.
(b) Committed a traffic offense resulting in injury or death.
(c) Is suspected of driving under the influence of an intoxicating liquor, narcotic or other drugs.
(d) Is the subject of a warrant where release in the field is not practicable or authorized under the terms of the warrant.
Supervisor approval should be obtained prior to release in the field of a person suspected for a felony non-traffic offense.See the Domestic Violence Policy for release restrictions related to those investigations.
411.5 CONSIDERATIONS
In determining whether to cite and release a person when discretion is permitted, officers should consider:
(a) The type of offense committed.
(b) The known criminal history of the suspected offender.
(c) The ability to identify the suspected offender with reasonable certainty.
(d) Whether there is any record of the individual failing to appear in previous cases or other articulable indications that the individual may not appear in court for this offense.
(e) The individual’s ties to the area, such as residence, employment or family.
(f) Whether there is reasonable likelihood that criminal conduct by the individual will continue.
These policies and operating procedures are not designed to cover every possible scenario or situation in society, but rather to define standard operating procedures for members of the Lincoln Police Department. These guidelines are subject to past, present and future judicial review. These guidelines can be amended and or repealed by the Chief of Police as necessary. The policies and procedures herein provided supersede all previous policies and orders.
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