10. Post-Arrest Procedures Flashcards
What is the primary purpose of booking?
To identify the arrestee
May be videotaped, even if the defendant is not told he’s being recorded.
Arrestee allowed to use the telephone within 1 hour at arrival at station or formal arrest
Right to phone call does not apply when suspect already incarcerated on another matter
Always write down the phone number
They may use investigator cell phone
Never record and listen to a phone call unless they are notified
They are NOT entitled to a private phone call
What are the three requirements for safe custody?
OIC immediately examines detainee for injury
Prevent suicide. If suicide occurs, OIC must write a report and send it to the medical examiner within 7 days.
Prevent sexual abuse. Detainee must have multiple ways to report abuse including an entity outside of the state police
As the OIC, may I involuntary transfer a prisoner to secure treatment for mental health reasons?
Yes, I may arrange for psychiatric hospitalization for prisoner, who is not eligible for bail or likely to be released. The clinician reports his recommendations to the judge, and the judge may commit the prisoner to a state hospital until the next court day.
As the OIC may I release a prisoner who agrees to obtain voluntary mental health treatment?
Yes, may voluntarily release prisoner for mental health treatment. Perhaps with support from his family or friends or caseworker this is for a prisoner, accused of a minor crime, who poses little safety risk and needs mental health treatment.
How much time do I have to interview a defendant after they are arrested?
6 hours. The clock runs, regardless of topics discussed. There are 6 exceptions to this rule.
The arrestee needs medical attention
Is incapacitated from drugs or alcohol
A police emergency delays the interview
Police request consent to search
Arrestee sign, a written waiver of prompt alignment, and
The arrest occurs out of state
While in custody, how much time do I need to provide a probable cause hearing for the arrestee?
24 hours for Jenkins hearing, not needed if they were already in custody for a warrant. This is a phone call to magistrate, and they review if there’s probable cause.
Prior to releasing a detainee from the barracks what do I need to check?
WMS
What two additional booking issues do I need to deal with for an OUI arrest?
Advised defendant of right to independent examination, and if so advise the bail commission of that so they may have a prompt hearing.
What age range may juveniles be held in secure of detention?
14, 15, 16, and 17 years old
When booking a juvenile charge with a crime police must immediately notify a parent or legal guardian.
Police must typically release a juvenile in custody. What are two circumstances a juvenile may be held?
The child is at least 14 and the OIC agrees with the arresting officer that he be held
The arrest warrant, explicitly orders, that the youth be detained.
In either case, the bail commissioner shall be notified.
Are juveniles under 14 (12 & 13 years old) eligible for secured detention?
No
Officers must hold the child in nonsecure custody.
How many hours are juvenile 14 and over eligible for secure detention?
6 hours
If juvenile in custody in DYS approved cell, after how many minutes do I check on the twat?
Every 30 minutes
Properly monitored to prevent suicide or injury
Concerning juveniles & lock up, what does the executive office of public safety security (EOPSS) require that police department maintain?
A Juvenile Lockup Docket that records instances of secure detention. These records are inspected by EOPSS.
Prior to the end of the six hour period for juvenile in custody, what three options must happen?
Release to parent
Brought to court
Referred to overnight arrest program
