I was looking for a mug shot of Michael Phelps from when he was arrested for a DUI.
I couldn’t find one online but I did find several sites that said that there was no mugshot because they arresting officers decided they didn’t need to take one.
Now I don’t know if that is true or not, but if a mug shot of him existed I’m fairly cetain someone would’ve put it on the web
Here is a site The Smoking Gun which has celebrity mug shots, in case someone is wondering about other famous people.
So I was wondering, IS a mug shot required. If I got to that above site, I can see lots of celebrities arrested for DUI who have mugshots. Of course they were in California so the laws may vary from state to state.
It always has to do with department policy. AFAIK every state requires each law enforcement agency to have a list of official department policies. These policies can range from use of force and pursuit policies all the way to what color an officers underwear can be (I shit you not!!).
I’ve been on several departments. One full time for 25 years from which I retired, and a couple that I was on only part-time to pick up extra bucks. Every one had a policy that said if anyone was taken into custody, for any reason, their photo was taken.
That does not mean there may not be departments with policies that allow an officers discretion on the matter.
Typically if he is “booked” into jail a photo is taken. A person who commits a non-violent, non-ongoing misdemeanor (in Arizona) and who has valid ID is eligible for Citation in Lieu of Detention (also called a citation, or in some locations, a summons).
A person cited in this manner is given a court appearance date but is not taken to jail or processed further.
FWIW, I spent a night in the drunk tank without a mug shot. Since they didn’t take my fingerprints or a mug shot (what I would consider booking), I don’t consider myself ever having been arrested.