When there is an arrest, the accused is taken into custody. If there was only a citation, there was no arrest. There is no such thing as arrest by citation. Tennesseean reporter needs to beef up on criminal law terminology.
Wrong.
A citation in lieu of arrest is permitted in most states for certain low-level crimes. A citation is a written order, in lieu of a warrantless arrest, that is issued by a law enforcement officer or other authorized official, requiring a person to appear in a designated court or governmental office at a specified time and date.
State statutes guide the circumstances under which a citation can be issued, often determined by the class of the alleged crime and providing exceptions for certain crimes.
In Tennessee, the statute says:
In cases in which:
the public will not be endangered by the continued freedom of the suspected misdemeanant;
the law enforcement officer has reasonable proof of the identity of the suspected misdemeanant; and
there is no reason to believe the suspected misdemeanant will not appear as required by law,
the general assembly finds that the issuance of a citation in lieu of custodial arrest of the suspected misdemeanant will result in cost savings and increased public safety by allowing the use of jail space for dangerous individuals and/or felons and by keeping officers on patrol. Accordingly, the general assembly encourages all law enforcement agencies to so utilize misdemeanor citations and to encourage their personnel to use those citations when reasonable and according to law. [§40-7-118(m)].
The Citation is issued after the arrest.