Penal Code section 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.

Source: Section 827.1, https://leginfo.­legislature.­ca.­gov/faces/codes_displaySection.­xhtml?lawCode=PEN§ionNum=827.­1.­ (accessed Apr. 24, 2025).

Last Updated

Apr. 24, 2025

§ 827.1’s source at ca​.gov