201 Arrests Flashcards
An individual who has been placed under physical arrest.
Arrestee
A judge’s order for the arrest of a defendant that is obtained after a case has been formally filed with the Clerk of Court by the SAO.
Capias
judge’s order for the arrest of a suspect based on probable cause prior to a filing decision being made by the State Attorney’s Office (SAO).
Arrest Warrant
An individual who has been held based on a reasonable suspicion or probable cause.
Detainee
The electronic program used by the Jacksonville Sheriff’s Office (JSO) to request, store, and execute local arrest warrants and capiases
eWarrants
The process of releasing a suspect upon the issuance of a Notice to Appear (NTA).
Field Release
A summons issued by the Clerk of Court that commands an at-large defendant to appear in court to face misdemeanor or municipal ordinance violation charges pursuant to information concerning a violation of the law filed by the SAO. Service of a misdemeanor summons is not an arrest and the defendant is not incarcerated.
Misdemeanor Summons
A criminal citation issued to a suspect by a law enforcement officer in lieu of physical arrest or incarceration.
Notice to Appear (NTA
The process of taking a suspect into custody based on probable cause for arrest for the purpose of having that suspect booked into the Pretrial Detention Facility (PDF).
Physical Arrest
The legal standard that is met when the totality of the facts and circumstances known to the officer, of which he has reasonably trustworthy information, is sufficiently strong to support a reasonable belief that the suspect has committed a crime or is engaged in the commission or attempted commission of a crime.
Probable Cause for Warrantless Arrest
An investigatory stop is justified when the officer is able to articulate specific facts from which a reasonable person could rationally infer that an individual has committed, is committing, or is about to commit a crime. “Reasonable suspicion” is lower than the level of justification required for a warrantless arrest, but is more than a mere hunch.
Reasonable suspicion
A judge’s order directing a sheriff or other official to physically bring before the court a person who has been found guilty of contempt of court
Writ of Attachment
An officer may only arrest an individual when there is
Probable cause for arrest; or
b. An arrest warrant, capias, or other court order to take an individual into custody
Prior to making a physical arrest, Alternatives to physical arrest for minor and/or inadvertent misdemeanor offenses or municipal ordinance violations include
A warning
The issuance of an NTA
The issuance of an SAO Referral Card
The issuance of a criminal traffic citation
The issuance of a Juvenile Civil Citation
Involuntary admission pursuant to the provisions of the Baker Act and/or Marchman Act
When an officer determines that a physical arrest is the most appropriate course of action, he shall either:
make a warrantless arrest or
seek and arrest warrant
If an arrest is to occur in the residence of a third-party, entry into the third-party residence to search for a suspect without consent or the presence of urgent circumstances shall be preceded by obtaining a ________________
search warrant
Officers shall consult with their _________ if they are unsure of the necessity for a warrant.
supervisor
Arrest warrants must be obtained for the arrest of a suspect in that suspect’s place of residence, unless any of the following circumstances exist, in which case an arrest warrant is not required:
Immediate arrest is essential for the protection of any person
Immediate arrest is essential to prevent the suspect from successfully fleeing.
Lawful entry into the residence was made to prevent the destruction of evidence
The arrest is made by the officer in fresh pursuit of a suspect
The arrest is made for a crime committed in the officer’s presence in a residence to which the officer has already been legally admitted
The arrest is made after the officer develops probable cause for the arrest after having been legally admitted to the residence
The arrest is made after the officer has been lawfully admitted to the residence by consent of an adult also living in the residence. The consent must be obtained without the use of deception or coercion
The arrest is made for a violation of law that is taking place in the residence and the arrest is necessary to prevent a continued violation.
JSO police officers may only make an arrest outside Duval County if one of the following conditions exist:
fresh pursuit of a suspect who committed a felony, misdemeanor, or municipal ordinance violation in Duval County
A felony has been committed and the officer has probable cause for the arrest of the suspect who committed the felony
misdemeanor constituting a breach of peace was committed in the officer’s presence
Within the State of Florida, a mutual aid agreement has been established that grants the officer the authority to make an arrest
When feasible, JSO officers are required to notify ____________ they intend to take enforcement action in Clay or Nassau County
their supervisors
When a JSO police officer makes an arrest in Clay County or Nassau County, he will adhere to the following procedures established under the Cops Without Borders agreement
Officer making arrest in Clay or Nassau who has an outstanding Duval County Arrest Warrant shall contact the county via JSO Investgative Police Emergency Communications Officer (PECO). After this notification has been made JSO officer will be permitted to arrest the suspect
A JSO officer who has located a suspect in Clay or Nassau County for whom the officer has probable cause to arrest for a serious, violent felony shall:
Notify the CCSO/NCSO Watch Commander of the circumstances
CCSO/NCSO Watch Commander shall then decide whether an immediate arrest is appropriate, based on the facts of the situation
If the CCSO/NCSO Watch Commander authorizes an immediate arrest, the JSO officer shall then be empowered to arrest the suspect and take appropriate law enforcement action should a criminal offense occur in his presence while they are so engaged
If the CCSO/NCSO Watch Commander does not authorize an immediate arrest, the JSO officer shall not arrest the suspect. In that case, the JSO officer shall return to Duval County and obtain an arrest warrant for the suspect. The arrest warrant can then be served
After making an arrest in Clay or Nassau County for a Duval County offense, a JSO officer shall transport the suspect to the _____________ and have the suspect booked.
Duval County PDF
If the arrest is pursuant to a warrant/capias and there is a bond amount on the warrant/capias, the suspect can request that he/she be booked in ______________ or ______________ rather than Duval County.
Clay County or Nassau County
After making an arrest in Clay or Nassau County for a crime that occurred in either of those counties, the officer shall transport the suspect to that _____________ jail.
respective county’s
When a JSO police officer makes an arrest outside of Duval County, Clay County, or Nassau County, the arresting officer shall immediately notify the ________________ in which the arrest was made.
officer in charge of the jurisdiction
The arresting officer and officer in charge of the jurisdiction must take the arrestee, without unnecessary delay, before _________________ of the county in which the arrest was made.
a county court judge or other committing magistrate
Officers must obtain a______________to physically arrest a violator who is eligible for an NTA. This approval will be noted in the narrative of the Arrest & Booking Report.
supervisor’s approval
For a violator to be eligible for an NTA citation in lieu of physical arrest, all of the following criteria must be met:
violator is 18 years of age or older
violator can be identified using a government-issued form of identification such as a driver’s license, state identification card, military identification card, or the Driver and DAVID
violator is a resident of the State of Florida (unless the charge is an open container violation, in which case, Florida residency is not a requirement
violator agrees to sign the citation and provide a fingerprint
There is no risk of continued violence being committed by or against the violator
Violator is not impaired by alcohol or drugs and he/she clearly demonstrates the ability to assume responsibility for himself/herself
There is no warrant for the violator’s arrest
violator has not been arrested within the last six months
violator has not failed to appear in Court within the last 12 months pursuant to a court order or NTA
violator does not have a prior petit theft conviction (when the offense is petit theft);
A NTA will not be issued for
(1) A criminal traffic infraction (a Uniform Traffic Citation must be used instead);
(2) Cruelty to animals;
(3) Domestic violence or dating violence;
(4) Exposure of sexual organs;
(5) Prostitution;
(6) Stalking; or
(7) Violation of an Injunction for Protection.
To determine if a violator meets the NTA eligibility requirements regarding outstanding warrants, previous arrests, and previous failures to appear, officers must contact _____________, either via police radio (channel A-8) or by phone at (904) 630-2212, and request an “NTA eligibility check.” The requesting officer shall obtain the employee identification number of the ______________member who performed the check.
the Identification Unit
Prior to the end of the shift, the issuing officer must submit the white and green copies to a supervisor, who shall:
(1) Review the NTA citation for accuracy;
(2) Sign the NTA citation in the space provided for the “Supervisor’s Signature” and complete the “Notarization of Officer’s Signature” section; and
(3) Ensure the approved NTA citation copies are properly submitted.
Officers will retain all pink copies of NTA citations for________ beyond the date of issuance. After _________, the pink copies may be purged
180 days
When making a physical arrest, officers shall, Restrain the arrestee in accordance with Order 553 (Physical Restraints), unless an exception is granted by___________
a supervisor
Arrestees should be searched discreetly, using an officer of the same gender as the arrestee when one is available. If an officer of the same gender as the arrestee is not available, the arresting officer shall ensure ________________ is present to witness the search.
a witness officer or supervisor
strip searches of arrestees will only be conducted by __________ and body cavity searches will only be conducted by designated ______________
corrections officers
medical personnel
During the search of an arrestee, when an officer locates a credit card, check, identification card, or other item containing a serialized number that appears to belong to another individual, the officer shall conduct a search of the _________and ________________ databases to establish the identity of the owner and determine if the item has been reported lost or stolen. The disposition of the item must be documented in the narrative of the Arrest & Booking Report.
NCIC/FCIC and Master Name Index (MNI) databases
If ownership of the item can be verified, but no connection to the arrestee can be established, or if the owner does not want the item to remain with the arrestee, the officer shall:
(a) Release the item to the owner if feasible, having the owner acknowledging the receipt of the property on a Signature Form (P-0214); or
(b) Submit the item to the Property & Evidence Facility as found property.
A separate Arrest & Booking Report is required for each arrestee and for each separate case number, unless the charges are all from local capiases issued by the same _____________.
Court division
When writing an arrest and booking report, Probable cause must be established for each ______________ listed in the narrative of the Arrest and Booking Report.
criminal and traffic offense