I need advice please

[Samuelx]

Thats fine if thats how you want to do it but like i said theres not just your way to do law enforcement.

This works BOTH WAYS - i.e. regarding you saying that other LEOs/agencies had no right to do this or that...

IMO, the OP did a poor job of explaining exactly what happened... either that or my speed reading sucks - or both - I still don't know if he spent the night in jail or was allowed to walk away (does anyone allow a DUI arrest to be cited and then released out in the field???? potential for serious liability there IMO...)

[Tacobandit]

This works BOTH WAYS - i.e. regarding you saying that other LEOs/agencies had no right to do this or that...

IMO, the OP did a poor job of explaining exactly what happened... either that or my speed reading sucks - or both - I still don't know if he spent the night in jail or was allowed to walk away (does anyone allow a DUI arrest to be cited and then released out in the field???? potential for serious liability there IMO...)

Its actually very common for agencies go release a DUI to a responsible adult or family member.

[Samuelx]

Its actually very common for agencies go release a DUI to a responsible adult or family member.

Ok, my bad for not specifying more clearly - Does anyone allow a DUI arrest to be cited and then released out in the field by himself/on his own?

I'm guessing that there was no responsible adult or family member available because the OP mentions his car being left at the scene.

[CinnamonBear723]

We cite and release almost everyone for DUI. The only reason we wouldn't is if they were 647f or uncooperative. And we absolutely tow everyone's car. I would be willing to bet the agency booked the gun for safe keeping. If the officer felt it was the right thing to do, he is well within his ability to do so. Unless the gun was used as part of a crime there would be no reason to book it as "evidence." It wouldn't hurt to actually call the dept and find out straight from the source. I can see a LEO not wanting to leave a gun in the car with a bunch of grease monkeys at a tow agency. I can see the headlines now when the gun gets stolen and used to kill someone.

[Tacobandit]

Ok, my bad for not specifying more clearly - Does anyone allow a DUI arrest to be cited and then released out in the field by himself/on his own?

I'm guessing that there was no responsible adult or family member available because the OP mentions his car being left at the scene.

No agency that I have heard of will release a DUI on their own.

[Tacobandit]

We cite and release almost everyone for DUI. The only reason we wouldn't is if they were 647f or uncooperative. And we absolutely tow everyone's car. I would be willing to bet the agency booked the gun for safe keeping. If the officer felt it was the right thing to do, he is well within his ability to do so. Unless the gun was used as part of a crime there would be no reason to book it as "evidence." It wouldn't hurt to actually call the dept and find out straight from the source. I can see a LEO not wanting to leave a gun in the car with a bunch of grease monkeys at a tow agency. I can see the headlines now when the gun gets stolen and used to kill someone.

We usually only tow if they are 12500 or 14601

[CBR_rider]

We tow nearly every time, and if the DUI-er isn't combative/absolutely smashed/other charges being filed/can get someone there relatively quickly we release them with a cite to a sober family member. I don't always agree with it, but the powers that be didn't ask for my opinion.

[CaptMike]

Put in for your stuff to be returned as soon as possible. The sooner the better.

[WyattandDoc]

If you were cited and released they had no right to take it in the first place. A DUI has nothing to do with a rifle in your vehicle and if they had any evidence then you woukd have been charged right there. Go to the station and get it released back to you

Just plain wrong!! You have NO idea what your talking about.

[Tacobandit]

Just plain wrong!! You have NO idea what your talking about.

Um no i actually do know what i am talking about...like i said before you agencies way isnt the only way to do law enforcement. The OP stated he was given a citation, he never stated he was booked, at my agency and numerous others you can cite most misd on a greenie andnot book them. All you need is an adult with a valid ID to take custody of the arrestee and you can cite them out. There is also no reason for it to booked as evidence as now he will probably have to get a detective to authorize the release which can be a huge PITA.

[WyattandDoc]

Sorry but you still have no idea what you're talking about. No offense.

A "Misdemeanor Cite Out" is a booking, whether done in the station or in the field. So for you to say your agency cites people out on "Greenies" and not books them is flat out false. There's not ONE agency in California that allows Misdemeanor Cite Out's not to be booked. You do pull a BOOKING NUMBER and put it on your "Greenie", correct? Nuff said on that.

Second: If your agency allows you to "Cite Out" a duece in the field and then release the drunk to his friend/family with a rifle not registered to the friend/family, then your department needs to seriously look at their Risk Management procedures.

You have every right (and IMO the responsibility) to book that person in the station and then release him and the gun at the same time once they're sober. We are not always paid to just protect the public from the bad guy. We are also paid to use common sense and product some people from themselves (as long as we don't violate their rights). Drunks and guns equals a bad day for everyone.

[Tacobandit]

Sorry but you still have no idea what you're talking about. No offense.

A "Misdemeanor Cite Out" is a booking, whether done in the station or in the field. So for you to say your agency cites people out on "Greenies" and not books them is flat out false. There's not ONE agency in California that allows Misdemeanor Cite Out's not to be booked. You do pull a BOOKING NUMBER and put it on your "Greenie", correct? Nuff said on that.

Second: If your agency allows you to "Cite Out" a duece in the field and then release the drunk to his friend/family with a rifle not registered to the friend/family, then your department needs to seriously look at their Risk Management procedures.

You have every right (and IMO the responsibility) to book that person in the station and then release him and the gun at the same time once they're sober. We are not always paid to just protect the public from the bad guy. We are also paid to use common sense and product some people from themselves (as long as we don't violate their rights). Drunks and guns equals a bad day for everyone.

1. Rifles arent registered in CA there genius...so thats strike one against you
2. The fact that you claim to know the policy for every single department in CA shows that you have your head so far up your *** its barely worth the effort to reply to you...
3. A simple check via APS will show if the rifle is stolen or not and a check via CLETS will show you if either the DUI or the person you are releasing the DUI to is a prohibited person... something that takes all of about 3-4 minutes...
4. Citing out a misd is probably one of the most common occurrances in law enforcement especially with DUIs...
5. Dont worry about what my agency does or doesnt do, we follow all of the laws and procedures that POST and the law requires of us.

Its quite clear you have a superiority complex so chances are my post will fall on deaf ears but please dont bother to respond because it is quite clear you are not in law enforcement.

[RickD427]

Um no i actually do know what i am talking about...like i said before you agencies way isnt the only way to do law enforcement. The OP stated he was given a citation, he never stated he was booked, at my agency and numerous others you can cite most misd on a greenie andnot book them. All you need is an adult with a valid ID to take custody of the arrestee and you can cite them out. There is also no reason for it to booked as evidence as now he will probably have to get a detective to authorize the release which can be a huge PITA.

Tacobandit,

I still struggling with the idea of how you propose to return the weapon (please refer to Post #29 - Still waiting for your answer on that one)

It's going to take a whole lot more than a detective to authorize the release. Please check out Penal Code section 33855.

I get it that not all LE agencies follow the same policies and procedures. The idea a citing a DUI suspect to a responsible party, while legal, seems to expose your agency to a lot of needless liability (Please refer to the Green case cited in Post #29). Leaving them in control of a firearm also seems to really run afoul of the Green decision.

[Tacobandit]

Rick....
If the weapon is not reported stolenand the neither the DUI nor the adult taking responsibility of the DUI/vehicle are prohibited persons why take the rifle? Its legal to own a rifle you know that right? Green does not apply as that was 2 officers leaving a vehicle with 2 other intoxicated individuals without properly securing the vehicle. I fail to see the relevance....

[madjack956]

First thing first. You have a drinking problem, get that fixed. I recommend AA and take care

Sounds like he has a judgement problem vs. a drinking problem.

Two beers will get some people a DUI.
For all you know, it was the first time he ever consumed alcohol.
For all I know, he could be a daily stumble drunk.
Neither one of us know the man to accurately make that call.
Regardless, he should not have got behind the wheel.
That is all we know for sure.