4.102 Arrests Without Warrants

Question 1

Officers will make an arrest for?

Answer 1

1. All felony and misdemeanor battery acts constituting DV
2. Traffic offenses DUI, felony hit and run, homicide by vehicle
3. Protective order violations

Question 2

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 7 days upon:

Answer 2

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

Question 3

In a battery between siblings, cousins, or current roommates, in weighing the determination to arrest, cite, or give an advisement, officers will consider what?

Answer 3

1. Severity of the offense (push/spit vs punch/kick)
2. Whether this is the first time officers have responded to the location and/or interacted with the involved parties, and/or if a party has a prior offense similar in nature
3. One or both parties is in a violent or agitated state, and officers have reasonable concern that not removing one party from the incident, violence may escalate
4. One or both involved parties want to press charges and complete a citizen’s arrest

Question 4

When releasing an arrestee’s property to a third party, a supervisor will be requested for cash value ________ and non-cash value ________. The supervisor will sign the property report prior to the arrest being transported.

Answer 4

Cash value over $100, non-cash value over $250.

The supervisor will sign the property report before the arrestee is transported to the appropriate detention facility.

Question 5

It is the policy of this department that an officer will establish ___________________ for a warrantless arrest. Arrested persons will be afforded their constitutional rights.

Answer 5

Probable cause

Question 6

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

Answer 6

Arrest -

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

Question 7

Probable cause

Answer 7

Exists when the facts and circumstances known to the officer would warrant a reasonable person to believe a crime had been committed and that the accused had committed it.

Question 8

Battery between siblings, cousins, or current roommates - In circumstances where a citation has not been issued or an arrest has not been made, officers will update CAD with what information?

Answer 8

1. Identity of the involved parties
2. Details of the incident
3. The reason why no enforcement action was taken

Question 9

An officer will immediately release from custody any person they arrested without a warrant if the officer becomes aware that there is insufficient probable cause for proceeding with an arrest against the person. A released person will be deemed _________________________.

Answer 9

Not to have been arrested but only detained.

Question 10

An arrestee may choose to release their personal property to an on-scene third party before being transported to jail. If so, can the officer search the property?

Answer 10

No.

Officers are not permitted to routinely search the released property unless they obtain the arrestee’s consent or there is an articulated and compelling need to do so.

Question 11

Examples of compelling needs where property can be searched prior to releasing it to a third party:

Answer 11

1. May allow the third party to become armed and dangerous
2. Police are unable to identify the arrestee and the property may contain their identification
3. The property contains needed medications.

Question 12

An arrestee who chooses to release their personal property to a third party without consenting to an inventory is essentially __________________ for lost or damaged items. Therefore, officers will ensure their BWC’s are activated.

Answer 12

Waiving their claims against LVMPD

Question 13

When property is released to a third party, officers will document the release on a ______________. It must be completed and signed as directed.

Answer 13

Property report.

Question 14

Will an ICR be completed for a battery between siblings, cousins, or roommates (not constituting DV) if no arrest, or citation is given?

Answer 14

No.
CAD only needs to be updated.