4.100 Arrest Procedures and Declaration of Arrest

Question 1

What is the overall policy of the department in regards to warrentless felony and gross misdemeanor arrests?

Answer 1

It is the policy of this department warrantless felony or gross misdemeanor arrests will be limited to the most serious charge(s) arising from a single set of circumstances, with the exception of violent crimes, for which charges will be combined.

In Clark County, misdemeanor arrests will be limited to the single most serious offense and generally will not be combined with a felony or gross misdemeanor arrest.

In the City of Las Vegas, all appropriate misdemeanor charges will be reflected for each arrest.

Question 2

What is the supervisor responsible for during the process of arrest?

Answer 2

Supervisor will:

1. Review DOA for:
   a. Sufficient justification for multiple charges on felony or gross misdemeanor arrests.
   b. Sufficient probable cause.
   c. Adequate articulation of the actions of the defendant constituting the charge. Each element of the crime must be clearly stated and supported by facts.
   d. Quality of the report.
2. For felony and gross misdemeanor arrests, review the LVMPD 124 for completeness, ensure it is attached to the top of the AR Package, complete the lower portion.
3. Determine all reports connected to the arrest have been submitted and/or completed.
4. Ensure all handwritten, connecting reports are fastened together.
5. Mark “approved” and sign the LVMPD 124 if the felony or gross misdemeanor arrest meets all of the requirements listed above.
6. Ensure all other reports are forwarded to their respective scan personnel or the Records and Fingerprint Bureau if none exists.
7. When contacted by an arresting officer regarding releasing an arrestee to medical personnel, ensure the arrestee is not released from custody if the following charges are applicable:
   a. Crime against an officer.
   b. Domestic violence or driving on a DWI revoked license or any other charge where arrest is mandated by statute.
   c. Any violent crime against person with significant injury.
   d. Any violent crime involving the use of deadly weapon.
   e. Sexual Assault.
   f. Kidnapping.
8. When contacted by an arresting officer regarding releasing an arrestee to medical personnel will determine, upon consultation with the officer, if it is the best interest of the arrestee and the department to allow the officer to release the arrestee to the custody of medical personnel and either issue a citation or submit for a warrant at a later time.