APD URGES DISCRETION IN ARRESTS

Albuquerque Police Department officials have reminded officers to use
discretion when considering arrests for petty misdemeanor warrants and
incidents because of overcrowding at the county jail.

APD Lt. Michael Callihan said the intent of the reminder was not to get
officers to "let people get away with things," but to "consider alternative
methods to making physical arrests."

Callihan's remarks in a telephone interview Wednesday were made in
connection with an internal memo to police officers that was issued Nov. 9.

He underscored that officers would be diligent in making arrests for any
violent misdemeanors that could harm people or their property. He said
officers still are required to comply with the department's standard
operating procedures. These include using discretion when making contact
with suspects and determining whether arrests should be made.

"The issues can best be summarized by stating that every individual booked
into jail will cause judges (to) release someone else in order to keep the
jail from becoming overcrowded," the memo states. "When this occurs, it
could very well mean that the person that is being let out of jail to make
room may be actually more dangerous and violent than the one we are booking
in. We are asked to utilize our best discretion when booking prisoners into
the jail."

Callihan said the petty misdemeanors that officers might consider
alternatives to arrest include warrants for unpaid parking tickets,
shoplifting or even possession of less than an ounce of marijuana.

But a summons or citation would only be appropriate if the officer felt the
individual would appear in court or follow through with the citation, he
said. "Battery would not be an appropriate misdemeanor for an officer not
to make an arrest," Callihan said. "Sometimes physical arrest is the only
appropriate action."

Callihan said the memo was issued Nov. 9 before Veterans Day, a holiday in
which the Bernalillo County Detention Center's population tends to build.

U.S. District Judge Martha Vazquez ruled in September that the crowded
jail's population had to be reduced to meet a 586-inmate population cap by
Oct. 31.