4.100 Arrest Procedures And Declaration Of Arrest Flashcards
What is the policy regarding warrantless felony or gross misdemeanor arrests?
Limited to the most serious charge(s) arising from a single set of circumstances, except for violent crimes where charges will be combined.
In Clark County, how are misdemeanor arrests handled?
Misdemeanor arrests will be limited to the single most serious offense and generally will not be combined with a felony or gross misdemeanor arrest.
What documentation is used for adult arrests?
Temporary Custody Record (TCR) and Declaration of Arrest (DOA), LVMPD 22 and 22A.
When an arrest is made on a local warrant, what serves as the Arrest Report?
The DOA will serve as the Arrest Report, detailing the circumstances of the arrest.
What must be completed during the booking process?
The DOA must be completed during the booking process.
Who is responsible for ensuring reports are completed and acceptable?
Shift supervisors.
What should an Arresting Officer (AO) do if they determine an arrestee needs medical assistance?
Notify and obtain approval from a watch commander to continue with the booking process.
What options do officers have if an arrestee requires medical assistance?
- Call for private medical transportation
- Transport the arrestee to a hospital or emergency room
In CLV, how are misdemeanor offenses booked?
Suspects may be booked for all appropriate misdemeanor offenses.
What circumstances allow booking for a misdemeanor combined with a felony or gross misdemeanor?
- Crime against an officer
- Statutory mandated arrests (e.g., domestic violence)
- Misdemeanor resulting in a search leading to felony or gross misdemeanor arrest
What must be included in the DOA?
Probable cause for all charges, details of the arrest, elements of the crime, and actions of the defendant.
What is the purpose of the LVMPD 124 form?
To document felony and gross misdemeanor arrests and attach it to the DOA.
What is the timeline for submitting cases to the District Attorney (DA)?
Submit within five working days for a criminal complaint.
What is required for a release under NCF (No Charges Filed) procedures?
Must be done within 48 hours of the arrest in the field.
Who reviews completed arrest reports for validity?
Patrol Sergeant (or above), Detective, or Detective Sergeant.
True or False: Arrestees may be released to medical personnel without any restrictions.
False.
What happens if an arrestee signs an Against Medical Advice form?
They may leave, and the officer will not interfere.
What must be done with the TCR and DOA after completion?
They must be provided to the Detention booking officials prior to leaving the detention facility.
What should be included in the arrest report for sufficient justification?
Sufficient probable cause and adequate articulation of the actions of the defendant.
What is the consequence of failing to submit NCF within the specified time?
Release must be coordinated directly with the DA.
The DOA must be completed ____________.
during the booking process
All other pertinent reports connected to the arrest will be completed _________________________.
before the officer secures the shift
In CLV, suspects may be booked for all appropriate misdemeanor offenses. Arrestees will not be booked for any misdemeanors when being booked for felony or gross misdemeanors except in the following circumstances:
- a crime(s) against an officer
- When an arrest is mandated by statute for certain misdemeanors (i.e., domestic violence or driving on a Driving While Intoxicated revoked license).
- Suspects may be booked for a misdemeanor (combined with a felony or gross misdemeanor) when it is the charge that results in a search leading to a felony or gross misdemeanor arrest. (For example, if a suspect is arrested for Disturbing the Peace and a subsequent search incident to arrest reveals Possession of a Controlled Substance. In this case, the suspect can be booked for the felony and misdemeanor).
- Charges will be combined for suspects being booked for one or more violent crimes
Officers _______, after notification and approval of _______________, exercise discretion regarding continuing with the booking process if it has been determined that the arrestee needs medical assistance.
may, a watch commander
NCF must be done within____________ of the time of arrest in the field (prior to the submission of the arrest information to the DA) otherwise the release must be coordinated directly with the DA (Screening Office 702-455-4721), as the authority to release is out of the control of LVMPD.
48 hours
