Ariz. Rev. Stat. » Title 13

Ariz. Rev. Stat. § 13-3903

Notice to appear and complaint

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A. In any case in which a person is arrested for a misdemeanor offense or a petty offense, the arresting officer may release the arrested person from custody in lieu of taking the person to a law enforcement facility by use of the procedure prescribed in this section.

B. At any time after taking a person arrested for a misdemeanor offense or a petty offense to a law enforcement facility, the arresting officer, instead of taking the person to a magistrate, may release the person from further custody by use of the procedure prescribed in this section.

C. If a person is arrested for a misdemeanor offense or a petty offense and the offense is listed in section 41-1750, subsection C, the person shall not be released pursuant to this section until the person provides either a fingerprint or a two fingerprint biometric-based identifier to the arresting agency. The arresting agency shall provide to the arrested person a mandatory fingerprint compliance form that includes instructions on reporting to the arresting agency for ten-print fingerprinting, including available times and locations for reporting for ten-print fingerprinting.

D. In any case in which a person is arrested for a misdemeanor offense or a petty offense, the arresting officer may prepare in quadruplicate a written notice to appear and complaint, containing the name and address of the person, the offense charged, and the time and place where and when the person shall appear in court, provided:

1. The time specified in the notice to appear is at least five days after arrest.

2. The place specified in the notice shall be the court specified in section 13-3898.

3. The arrested person, in order to secure release as provided in this section, shall give his written promise so to appear in court by signing at least one copy of the written notice and complaint prepared by the arresting officer.  The officer shall deliver a copy of the notice and complaint to the person promising to appear. Thereupon, the officer shall forthwith release the person arrested from custody.

4. The officer, as soon as practical, shall deliver the original notice and complaint to the magistrate specified therein. Thereupon, the magistrate shall promptly file the notice and complaint and enter it into the docket of the court.

E. The Arizona traffic ticket and complaint may be utilized not only for the purposes provided by Arizona supreme court rule, but to satisfy the requirements of this section.

F. If a person gives his written promise to appear in court on a designated date pursuant to this section, and thereafter fails to appear, personally or by counsel, on or before that date, the court clerk or other court staff shall file a complaint, in writing, under oath, charging the defendant with a violation of section 13-2506, subsection A, paragraph 2 and issue a warrant for the defendant's arrest.

G. If the person has not previously been arraigned, on the person's appearance in court for arraignment on the charge of violating section  13-2506, subsection A, paragraph 2, the court shall also arraign the person on the charge stated in the notice to appear and complaint for which the person had previously promised to appear.

H. This section does not affect a peace officer's authority to conduct an otherwise lawful search incident to his arrest even though the arrested person is released before being taken to the police station or before a magistrate pursuant to this section.

 

Notes of Decisions
Cited in 18 cases (2 in the last 5 years), 1982–2024 · leading case: State of Arizona v. Matthew Thomas Snyder
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State of Arizona v. Matthew Thomas Snyder (2016) arizctapp · cites it 4× “We went on to state: The legitimate purposes of a booking inventory search do not justify a premature search performed before the booking process has even begun.”
State v. Taylor (1991) arizctapp · cites it 10× “The statute also permits immediate release under § 13-3903, which provides that when a person is arrested for a misdemeanor or petty offense, "the arresting officer may release the arrested person from custody in lieu of taking such person to the police station by use of the…”
Brenda Brown v. City of Tucson, a Municipal Corporation of the State of Arizona (2003) ca9 “See Ariz.Rev.Stat. § 13-3903(D). The form has a box to indicate the date the offense was allegedly committed and another to indicate the court date for the arraignment.”
United States v. Arizona (2010) azd · cites it 2× “, ¶ 38 (stating that during fiscal year 2009, Tucson used the cite-and-release procedure provided by A.R.S. § 13-3903 to “arrest” and immediately release 36,-821 people).”
State v. Keener (2003) arizctapp · cites it 2× “A person arrested under this paragraph is eligible for release under § 13-3903. 2 Subsection B of the statute authorizes a police officer to “stop and detain a person .”
State ex rel. Baumert v. Superior Court (1982) ariz · cites it 13× “After taking a blood alcohol test at the police station and giving his promise to appear in court, Plesher was released by the arresting officer pursuant to A.R.S. § 13-3903. Not counting time excluded under Ariz.”
Raul Gonzales v. The City of Peoria (1983) ca9 “Plaintiffs contend subsection 4 has no application to this case, emphasizing its reference to Ariz.Rev.Stat.Ann. § 13-3903 (1978). That statute permits the arresting officer to release a misdemeanor arrestee from custody “in lieu of taking such person to the police station”…”
State v. Valenzuela (1995) arizctapp · cites it 5× “2d 284, 285 (1982) (DUI and other traffic offenses: “A release under A.R.S. § 13-3903, which applies to all misdemeanors including traffic offenses .”
City of Phoenix v. Super. Ct., Maricopa Cty. (1984) ariz “§ 13-1422 [now § 13-3903]." Rule 2.3, Arizona Rules of Criminal Procedure, 17 A.”
State v. Calabrese (1988) arizctapp · cites it 2× “See A.R.S. § 13-3903. The state argues that Calabrese was actually charged with felony endangerment and, therefore, that at the time of his booking at the jail an inventory of everything in his possession would have included the paper sack containing the cocaine.”
State v. Medina (1997) arizctapp · cites it 2× “See A.R.S. § 13-3903. In such a case, the right to a speedy trial attaches when the complaint and notice are delivered.”
STATE EX REL. BRANNAN v. Williams (2007) arizctapp · cites it 2× “A.R.S. § 13-3903(C)-(D); see also Ariz. R.”
Show all 18 citing cases →
— Ariz. Rev. Stat. § 13-3903(A) — 2 cases
State of Arizona v. Matthew Thomas Snyder (2016) arizctapp “We went on to state: The legitimate purposes of a booking inventory search do not justify a premature search performed before the booking process has even begun.”
State v. Taylor (1991) arizctapp “The statute also permits immediate release under § 13-3903, which provides that when a person is arrested for a misdemeanor or petty offense, "the arresting officer may release the arrested person from custody in lieu of taking such person to the police station by use of the…”
— Ariz. Rev. Stat. § 13-3903(C) — 1 case
STATE EX REL. BRANNAN v. Williams (2007) arizctapp “A.R.S. § 13-3903(C)-(D); see also Ariz. R.”
— Ariz. Rev. Stat. § 13-3903(D) — 1 case
Brenda Brown v. City of Tucson, a Municipal Corporation of the State of Arizona (2003) ca9 “See Ariz.Rev.Stat. § 13-3903(D). The form has a box to indicate the date the offense was allegedly committed and another to indicate the court date for the arraignment.”
— Ariz. Rev. Stat. § 13-3903(F) — 1 case
State v. Taylor (1991) arizctapp “The statute also permits immediate release under § 13-3903, which provides that when a person is arrested for a misdemeanor or petty offense, "the arresting officer may release the arrested person from custody in lieu of taking such person to the police station by use of the…”
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