Is it mandatory for an officer to take someone to jail if they have a warrant???

Question

Or could they just let them go with a promise to appear in court

Answer 1

if you have a warrant out for your arrest then a cop will take you to jail

Answer 2

Yes, he has no authority at all to make a judgment call on this one.  He is required to make the arrest.

Answer 3

YES! He's sworn to do just that.

Answer 4

Yes unless you can pay your warrant right there and there.  Also it depends on where your warrant is from, if the area of your warrant is over 25 miles away some will just let you go because of the driving distance.

I am a Deputy.

Answer 5

If it is a warrant for your arrest, which I think there are a few other kinds of warrants.

Answer 6

Yes. If your stopped and a warrant check is issued and its positive you will be arrested.

Answer 7

Yes it is mandatory.

Answer 8

It's not mandatory, but they can if they want to.

Answer 9

It is my understanding that they have to take you in you have a warrant.

Answer 10

they are sworn to arrest and take them in by law

Answer 11

A promise to appear in court is no good for someone with a warrant.

They HAVE a warrant because they failed to appear in court on a previous promise....

If a warrant is confirmed active, then I have no choice but to make an arrest.  If I don't, I committed a crime myself (in Missouri).

Answer 12

Where I work (California) it's somewhat discretionary.  Like one other person stated, $5000 bail or less is usually a citation.  More than that, then maybe citation, maybe not, depending on your attitude.  $50,000 or more?  No way you're getting off with a citation.

Answer 13

In WI, If it's a "Service Warrant" it is a Court order to personally serve someone with a citation and a Court date. The person is served a copy and a signed form is returned to the originating agency. Other warrants have conditions of a Jail sentence or a bond amount that need to be satisfied in order for you to be released.  

However, arrest warrants can be written COMMANDING the Officer to arrest and bring fourth said defendant to appear. These are known as "Body Only".

Answer 14

In my county we have to book on warrants of $5K or larger. If the amount is under $5K we can cite out.

Yes, we actually have "Warrant Citiations" up here.

Answer 15

The legal answer is Yes it is mandatory.  The reality is some departments and officers let them slide for manpower and other reasons.  

However the wording on a warrant, is very specific.

Any peace Officer is Commanded to bring XXXXXX before this court with out delay, or may be released on the remitance the bail of XXXXXX to the court of XXXXXX.