Police Department, University of Louisiana at Monroe
Policy Number: 2.2.3
Effective Date: August 31, 2015
Subject: Alternatives to Arrest
Applicability: All
IACLEA 2.2.3
CALEA
AUTHORITY AND DISCRETION
All sworn officers of the University of Louisiana at Monroe Police Department have the legally mandated
authority to enforce the applicable laws, statutes and ordinances of the State of Louisiana, within the
limits established by legal authority.
The inherent responsibility that comes with this authority requires the use of discretion, the power to
exercise judgement in the selection of a course of action from available alternatives, citations,
summonses, referral, informal resolution and/or warning on the part of an officer. The use of discretion
by a police officer is made necessary by the ambiguity of laws, the effects of actions on police
community relations, the legitimate interest of justice and fairness, and the complexity and variety of
the situation in which police officers find themselves. Such situations make the use of set standard
responses impractical and even undesirable in many cases.
Situations where officers may be confronted with decisions that require the use of discretion include:
a. The enforcement of laws
b. The use of force
c. The resolution of conflict or disputes
Officer’s discretion may be restricted or eliminated entirely by:
a. Law or statute
b. Court decisions
c. Rules and regulations of the Department
d. A lawful order by a superior
e. Any of the above may require certain actions in specific situations, effectively eliminating the
officer’s discretion. In addition, any of the above may prohibit certain actions by an officer in
given situations, effectively narrowing discretionary power by eliminating one or more potential
responses.
Police Department, University of Louisiana at Monroe
It is impossible to outline the precise parameters of discretion for every type of police activity. However,
concerning misdemeanors, it is generally desired that officers exercise discretion in a manner that is
consistent with:
a. Philosophy and goals of the Department
b.
The Code of Ethics and Rules of Conduct of the Department
c. Pertinent laws and court decisions
d. Direction, supervision, and orders received from superiors
e. Departmental policies and procedures
f.
The sense of justice and fairness that would be expected by the ordinary, reasonable, and
prudent member of the community.
When discretionary power is poorly exercised, the power could be viewed by the public as favoritism,
bias or corruption. Therefore, when exercising discretionary power of the goals and objectives of the
Department, it is imperative that officers take into consideration the best interests of the public they
serve, any mitigating circumstances, and the volatility of the situation at hand.
SUMMONS IN LIEU OF ARREST
When it is lawful for an officer to arrest a person without a warrant for a misdemeanor, he shall give a
written summons instead of making an arrest if all of the following exist:
a. The officer has reasonable grounds to believe the person will appear upon summons
b. The officer has no reasonable grounds to believe that the person will cause injury to himself or
another or damage to property or will continue in the same or similar offense unless
immediately arrested or booked
c. The person has access to a valid State of Louisiana identification card.
d. The offense is not drug related other than marijuana. A summons may be issued at the Officer’s
discretion for simple possession of marijuana. A summons will not be issued for any other drug
related arrest
e. The person is a resident of the State of Louisiana. A summons shall not be issued to any person
residing outside of the State of Louisiana
In any case in which a summons has been issued, a warrant of arrest may later be issued in its place.
UNIFORM TRAFFIC CITATIONS
All uniform traffic citations will be issued in accordance with Louisiana Revised Statute 32:398.1
Police Department, University of Louisiana at Monroe
REFERRALS
If there are no physical signs of violence, neglect, etc., for which an arrest would immediately be made,
the officer shall offer referrals to other agencies and organizations when it is the most reasonable
alternative for the offender and the violation. The Department has access to a list of community service
agencies and their numbers and will direct the involved individuals to the appropriate agency.
INFORMAL RESOLUTION
An officer, at his/her discretion, may offer informal resolutions to situations and conflicts when, in the
officer’s judgement, they can be adequately resolved by use of a verbal warning, informing the proper
agency or organization, advising parents of juvenile activity, etc.
WARNINGS
A warning may be issued by an officer when, in his/her discretionary judgement, it is the most
reasonable alternative for the offender and the violation.