302 Filing Cases and Attending Court Flashcards
- Officers and detectives shall seek an arrest warrant for a suspect when:
a. There is probable cause for the arrest of the suspect;
b. The suspect can be uniquely identified;
c. No suitable alternative to physical arrest is appropriate, such as the issuance of a Notice to Appear Citation (NTA) or an State Attorney’s Office (SAO) Referral Card (P-0719); and
d. The officer or detective is unable to make a warrantless arrest of the suspect.
Deadline to Seek an Arrest Warrant
a. Officers are required to seek an arrest warrant within ………………. after probable cause has been established for the arrest of the suspect.
36 hours
Deadline to Seek an Arrest Warrant
Any deviation from the required time frame must be approved by a…………….
supervisor
Once an arrest warrant has been issued, the member will receive a notification from the eWarrants program. Upon receipt of this notification, the member shall:
a. Acknowledge receipt of the notification in eWarrants;
b. Complete a Supplemental Report, documenting the suspension of the case due to an arrest warrant having been issued; and
c. Attempt to serve the arrest warrant, documenting all attempts in subsequent Supplemental Reports.
The SAO will review warrants that remain unserved for ……………….. to determine if they should remain outstanding or should be recalled.
7. Warrants shall be served in accordance with the provisions of Order 201 (Arrests).
six months
- For most felony arrests, an arresting officer must file an affidavit with the SAO attesting to the facts and circumstances related to the commission of each felony offense with which a suspect was charged. Officers are not required to file an affidavit when an arrest only involved:
a. Misdemeanor offenses or municipal ordinance violations;
b. Violations of probation;
c. Charges pursuant to a capias; or
d. Charges pursuant to an arrest warrant obtained by another agency.
For a felony arrest that requires a filing affidavit, the arresting officer shall prepare and submit the filing affidavit unless the arrest was:
a. From a Category C case, as defined in Order 210 (Patrol Function), in which case the assigned detective shall file on the arrest;
b. Pursuant to a warrant obtained by a detective, in which case the detective that obtained the warrant shall file on the arrest; or
c. Made by a dual-certified officer (DCO) pursuant to a local arrest warrant, in which case the officer or detective who obtained the arrest warrant shall file on the case
If the arresting officer is not responsible for filing an affidavit on a felony arrest, he shall immediately notify the member responsible for filing on the arrest or, if the officer is unavailable, the …………………… of the unit/watch to which that member is assigned.
commanding officer
Within …………….of a felony arrest, the member responsible for filing on that arrest shall:
a. Complete a filing packet containing:
(1) A Transmittal Filing Affidavit form (P-0718); and
(2) Copies of all reports and physical media (i.e., CDs, DVDs, etc.) associated with the case.
24 hours
Requests for Leniency
a. When a JSO member believes that leniency for a defendant could be exchanged for information that would lead to the arrest of another suspect on a more substantial charge, the member shall, with the approval of his chain of command, discuss the circumstances with a ………………………… or higher authority, who shall determine if the member is permitted to make this request.
department director
Requests for leniency or assistance for defendants without the approval of a …………………… or higher authority are strictly prohibited.
department director
Victim Request for Declined Prosecution
a. If probable cause exists for the felony arrest of a suspect, but the victim is requesting the suspect not be prosecuted, the investigating officer shall proceed with the investigation unless the SAO declines prosecution.
b. When an ASA declines prosecution of a case, either verbally or in written correspondence, the investigating officer shall document the following in the narrative of the Offense Report or Supplemental Report:
…………………
(1) The ASA’s name;
(2) The manner of notification given by the ASA; and
(3) The date and time the investigating officer received the notification.
When a case has been mishandled or not fully investigated, the SAO will notify the …………………, who shall coordinate with the assigned member’s chain of command to ensure the appropriate corrective and/or disciplinary actions are taken
Chief of Investigations
Service and Delivery of Subpoenas and Notice of Depositions
a. Subpoenas may be legally served directly to a member ………………………….
in person, through substitute service, or via mail.
Most subpoenas and notices of depositions are delivered to the Civil Process Unit, which is the unit designated by the agency to receive and accept them on behalf of members. The Civil Process Unit shall not accept a subpoena or notice of deposition if:
(1) The appearance date is less than…………or……….weekend or holiday is included in that five-day period, from the date of service (this refers to the date the Civil Process Unit receives the subpoena, not the date on which the officer ultimately receives it);
five days, or seven days if a
