4.102 Arrests Without Warrants

Question 1

What is the overall policy of “4.101 - Arrests without Warrants”?

Answer 1

“It is the policy of this Department that an officer will establish probable cause for a warrantless arrest. Arrested persons will be afforded their constitutional rights.”

Question 2

A show of authority by an officer, in words or actions, or both, which would cause a reasonable person to believe they were being deprived of their liberty more than temporarily (i.e. more than an investigative detention) and involves either;

1. Submission by the subject to the officer’s show of authority, or
2. An actual physical touching which places the subject under control of the officer.

Answer 2

Arrest

Question 3

An officer MAY make an arrest without a warrant for:

Answer 3

1. Crimes committed in the officers presence
2. Felonies and gross misdemeanors not committed in the officer’s presence for which the officer has probable cause
3. Any person the police officer has probable cause is about to commit a felony.
4. Juvenile misdemeanor not in the officer’s presence for which the officer has probable cause
5. Traffic offenses delineated in NRS 484
6. Battery between siblings, cousins and current roommates

Question 4

An officer WILL make an arrest without a warrant when probable cause exists for the following:

Answer 4

1. All felony and misdemeanor battery acts constituting domestic violence
2. Protective order violations
3. Traffic offenses which are classified as:
   a. DUI
   b. Felony hit and run
   c. Homicide by vehicle

Question 5

After placing a subject under arrest, the arresting officer WILL inform the arrestee he/she is under arrest and name the criminal offense or cause for arrest. True or False?

Answer 5

TRUE

Question 6

What constitutional rights will arrested people be afforded? (Per policy, there are 4 items)

Answer 6

1. Proper medical attention for conditions indicated by medical alert identification or for conditions sustained during arrest
2. Care and safeguard of property in possession at the time of arrest
3. A sign language interpreter if required to communicate
4. A reasonable number of completed telephone calls after being booked as provided by law

Question 7

“NRS states that the officer has discretion to arrest, cite or give an advisement when there is probable cause to believe a battery has been committed within the preceding 24 hours upon…”

Answer 7

1. A person with whom the suspect is actually residing
2. A sibling by blood or marriage (not custodian or guardian)
3. A cousin (not custodian or guardian)

Note: If only an advisement is given, update CAD with the identity of the involved parties, details of the incident and the reason no enforcement action was taken.

Question 8

If the arrestee requests property be released to a 3rd party and the officer can safely accommodate this request, how will the request be documented?

Answer 8

On a Property Report

Question 9

“The officer will request the presence of a supervisor for cash being released valuing over _______ or for non-cash property being released valuing over ________.

Answer 9

Cash: $100, Property: $250

Note: “The supervisor WILL sign the property report prior to the arrestee being transported to the appropriate detention facility.”