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-   -   California 832 (http://www.acofunstop.com/forums/showthread.php?t=682126)

chgodon 02-20-2016 04:41 AM

California 832
 
Does any CA officers have the law requiring animal control officers to be 832 Laws of Arrest certified?

SixbyFire 02-20-2016 01:48 PM

PC 830.9 is the section that covers ACOs and what items they use that might be considered firearms.

Jeff

chgodon 02-20-2016 02:42 PM

I read PC 830.9 and it is a requirement for ACOs carrying chemical capture and shotguns. I find most agencies require 832 Powers to Arrest because they don't carry firearms. I always assumed an ACO needed 832 to issue criminal citations. In theory, the ACO is arresting the person by citing them into court. Just not taking the owner into custody. Most every CA agency hiring ACOs require the 832 even though they do not carry firearms. I was looking for the section that requires an ACO to take the 832 Laws of Arrest. Even then, most ACOs will not place handcuffs on a dog owner. Can't find that code. Thanks.

chgodon 02-20-2016 11:38 PM

OK. I reread 830.9. I understand it now. Do ACOs need 832 Power of Arrest to issue Admin Cites? Notice to Appear cites bring the offender into criminal court. Admin Cites only bring the offender to an admin hearing. I would think, Admin Cites are not a true "arrest & release" as a Notice to Appear (misdemeanor cite).

halfacop 02-21-2016 10:28 AM

Everytime I read a thread about Kalifornia I leave more confused then when I arrived. Funny how some states / jurisdictions have it all figured out and others confuse the issues and make doing business so damn difficult.

SixbyFire 02-22-2016 09:04 PM

Not sure about admin cites, I would guess you would be able to issue them as they're not an arrest, but we don't do them or use them, so thats just a guess. I wouldn't try issuing an Infraction or Misdemeanor cite for sure without the PC 832. I am sure there has to be case law probably somewhere on admin cites for those that don't make "arrests", even arrest and release.

Jeff

Caninelaw 02-24-2016 11:46 PM

I would think admin cites would not require 832. They are not an arrest and if they FTA there is no warrant issued. If I recall, in our city, if they FTA'ed they just assign a fine and then attach it to their property taxes. Also, in some cases we were allowed just to leave the admin cite taped to the door, which you couldn't do with a "real" cite. They were kind of a new thing for us when I retired so maybe things have changed since then though.


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