Section 827.1 Of Chapter 4. The Warrant Of Arrest From California Penal Code >> Title 3. >> Part 2. >> Chapter 4.
827.1
. A person who is specified or designated in a warrant of
arrest for a misdemeanor offense may be released upon the issuance of
a citation, in lieu of physical arrest, unless one of the following
conditions exists:
(a) The misdemeanor cited in the warrant involves violence.
(b) The misdemeanor cited in the warrant involves a firearm.
(c) The misdemeanor cited in the warrant involves resisting
arrest.
(d) The misdemeanor cited in the warrant involves giving false
information to a peace officer.
(e) The person arrested is a danger to himself or herself or
others due to intoxication or being under the influence of drugs or
narcotics.
(f) The person requires medical examination or medical care or was
otherwise unable to care for his or her own safety.
(g) The person has other ineligible charges pending against him or
her.
(h) There is reasonable likelihood that the offense or offenses
would continue or resume, or that the safety of persons or property
would be immediately endangered by the release of the person.
(i) The person refuses to sign the notice to appear.
(j) The person cannot provide satisfactory evidence of personal
identification.
(k) The warrant of arrest indicates that the person is not
eligible to be released on a citation.
The issuance of a citation under this section shall be undertaken
in the manner set forth in Sections 853.6 to 853.8, inclusive.