
Originally Posted by
tcop733
When I first started we did have that discretion with the agency I was working for.
That was almost twenty years ago.
There is nothing in the Penal Code/Code of Criminal Procedure forbiding an officer from releasing an intoxicated person into a responsible adults custody and care, at least nothing that I can find.
Most of the time it's individual agency policies or common practice.
Our dept along with 2 officers were sued by the family of a drunk they released to a sober friend after the drunk died from asphyxiating on his own vomit. The friend left him alone as soon as the officers left.
Dept fought it and had to pay a huge amount to the family. Court decisions like that effect policies.
"Speed is fine, but accuracy is final" --Bill Jordan
Remember those who died, remember those who killed them.