201 Arrests (V11) Flashcards
In what three counties has JSO entered into a MAA?
- Mutual Aid Agreements (MAA) with Neighboring Counties
a. JSO has entered into MAAs with the Clay County Sheriff’s Office (CCSO), the Nassau
County Sheriff’s Office (NCSO), and the St. Johns County Sheriff’s Office (SJCSO) that
allow officers to, in the following circumstances, arrest a suspect in those counties when
law enforcement authorities are not immediately available to assist:
b. Prior to taking any enforcement action in one of the three MAA counties, when feasible,
an officer shall do what 3 things?
1.
2.
3.
- Mutual Aid Agreements (MAA) with Neighboring Counties
b. Prior to taking any enforcement action in one of the three MAA counties, when feasible,
an officer shall:
(1) Notify his supervisor of the circumstances;
(2) Ensure he is readily identifiable as a JSO law enforcement officer; and
(3) Relay his physical and clothing description to the other agency via the
Communications Center in that county.
c. Upon arresting a suspect in one of the three MAA counties for an active arrest warrant
or capias, the arresting officer shall:
(a) What must be done if the arrestee wants to post bond in the county they were arrested in?
(b) What are the two reasons an arrestee may not post bond in the county they were arrested in?
c. Upon arresting a suspect in one of the three MAA counties for an active arrest warrant
or capias, the arresting officer shall:
(1) Immediately contact the Communications Center within the jurisdiction where the
suspect was arrested and inform them of the arrest;
(2) Inform the arrestee of the charges and bond amount for the warrant or capias; and
(a) If the arrestee requests that he/she be permitted to post bond in the county
where he/she was arrested, transport the arrestee to that county’s jail; or
(b) If there is no bond, or if the arrestee does not request that he/she be permitted
to post bond in the county in which he/she was arrested, transport the arrestee
to the PDF and complete an Arrest & Booking Report in accordance with the
procedures established in this order.
Who makes the determination in arresting someone for a forcible felony in one of the three MMA counties?
d. Upon locating and/or detaining a suspect in one of the three MMA counties for a
forcible felony, as described in F.S.S. 776.08, the officer shall:
(1) Immediately contact the Communications Center within the jurisdiction where the
suspect was located and inform them of his intent to arrest;
(2) Relay the relevant facts and circumstances to the watch commander in that
jurisdiction;
(3) If the watch commander in that jurisdiction determines an immediate arrest is
appropriate:
If the watch commander in that jurisdiction determines an immediate arrest is not appropriate for the forcible felony, what is the process for trying to reach an agreement?
(4) If the watch commander in that jurisdiction determines an immediate arrest is not
appropriate:
(a) Through the chain of command, notify the appropriate JSO division chief of that
watch commander’s decision; and
(b) If after the JSO division chief makes contact with representatives from that
jurisdiction’s agency and the arrest of the individual is still not approved by that
jurisdiction, return to Duval County and obtain an arrest warrant for the
suspect.
If an aarest is made at Orange Park Medical Center in Clay County, who has to be notified of the arrest?
e. Exception for Orange Park Medical Center in Clay County
(1) When an officer has probable cause to arrest a suspect who has been admitted to
the Orange Park Medical Center, the officer has the authority to arrest the suspect
at the medical center, but must follow the procedures outlined in this order
regarding arrests at medical facilities.
(2) If the arrest is approved, the officer shall:
(a) Contact the CCSO Communications Center and inform them of the arrest;
(b) Upon the arrestee’s release from the medical center, transport him/her to the
PDF; and
(c) Complete an Arrest & Booking Report in accordance with the procedures
established in this order.
What two reasons will an officer issue an NTA for provided the violator is eligible and there are no extenuating circumstances?
D. NTA Citations
1. Officers shall issue an NTA citation for a misdemeanor or municipal ordinance violation,
provided the violator is eligible and there are no extenuating circumstances.
If an officer chose not to issue an NTA then whose approval is required prior to the arrest?
D. NTA Citations
1.
Officers must
obtain a supervisor’s approval to physically arrest a violator who is eligible for an NTA. This approval shall be noted in the narrative of the Arrest & Booking Report. [CALEA 1.2.6, 1.2.7,
61.1.2, 82.2.1]
- For a violator to be eligible for an NTA citation, all of the following criteria must be met:
[CALEA 1.2.6, 1.2.7, 61.1.2, 82.2.1]
a. The violator is ______ years of age or older
h. The violator has not been arrested within the last ________________ months;
i. The violator has not failed to appear in court within the last ______________ months pursuant to a court order or NTA;
- For a violator to be eligible for an NTA citation, all of the following criteria must be met:
[CALEA 1.2.6, 1.2.7, 61.1.2, 82.2.1]
a. The violator is 18 years of age or older;
b. The 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
Vehicle Information Database (DAVID);
c. The 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);
d. The violator agrees to sign the citation and provide a fingerprint;
e. There is no risk of continued violence being committed by or against the violator;
f. The violator is not impaired by alcohol or drugs and he/she clearly demonstrates the
ability to assume responsibility for himself/herself;
g. There is no warrant for the violator’s arrest;
h. The violator has not been arrested within the last six months;
i. The violator has not failed to appear in court within the last 12 months pursuant to a
court order or NTA;
j. The violator does not have a prior petit theft conviction (when the offense is petit theft);
k. The offense is not:
(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) Resisting without violence;
(7) Stalking; or
(8) Violation of an Injunction for Protection.
When completing an NTA, what is the stipulation in regards to offense violations?
- Completing and Issuing the NTA [CALEA 61.1.2, 82.2.1]
b. Up to two criminal offenses or two civil offenses can be listed on an NTA. Criminal
offenses and civil offenses cannot be listed on the same NTA.
When completing an NTA where should you list the suspect’s email address if available?
- Completing and Issuing the NTA [CALEA 61.1.2, 82.2.1]
c. Enter the suspect’s email address at the beginning of the narrative, if available.
When completing an NTA where should the business name and address be listed?
- Completing and Issuing the NTA [CALEA 61.1.2, 82.2.1]
d. For violations that occurred at a business, officers shall:
(1) Enter the name of the business and the business’ street address at the beginning of
the narrative; and
(2) Ensure the violator leaves the premises after being issued the NTA.
When completing an NTA and the victim is protected by Marsy’s Law, what should be placed in the appropriate blocks?
- Completing and Issuing the NTA [CALEA 61.1.2, 82.2.1]
e. Officers shall not place any victim information protected by Marsy’s Law on the NTA for
release to the suspect. The officer shall write “Protected Information” where this
information would normally be recorded in the victim section.
When an NTA is turned in which copies are provided to the supervisor?
The supervisor will complete what 3 things?
(1)
(2)
(3)
h. 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 shall retrain all pink copies of NTA citations for how long?
i. Officers shall retain all pink copies of NTA citations for 180 days beyond the date of
issuance. After 180 days, the pink copies may be purged in accordance with Order 436
(Citation Accountability).
When searching someone incident to arrest and the arrestee is of the opposite gender, what must the officer do?
c. 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 a witness officer or supervisor is present to
witness the search.
If ownership of an item can be verified and the individual is ok with having the items left with the arrestee, where must this be documented in order to prevent the Jail from documenting the discrepancy?
(2) If ownership of the item can be verified and the owner either consents to the item
remaining with the arrestee or the arrestee’s relationship with the item owner is
established by some other reasonable means (e.g., vehicle registration verifying the
owner is the arrestee’s spouse, etc.), the item can remain with the arrestee or be
released to the owner. These details must be included in the narrative of the Arrest
& Booking Report so that DOC personnel do not seize the item and generate a
separate report documenting the location of property not owned by the arrestee.
- Arrest & Booking Reports [CALEA 82.2.1]
a. A separate Arrest & Booking Report is required for each arrestee and for each separate
case number, unless the charges are all from _____________ issued by the _______________.
- Arrest & Booking Reports [CALEA 82.2.1]
a. 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.