4.102 ARRESTS WITHOUT WARRANTS

Question 1

What are some of the offenses officers may make an arrest without a warrant for?

Answer 1

1. Crimes F,GM,M committed in officers presence
2. Felony or GM not committed in officers presence but officer has PC
3. Any person who officer has PC for felony crime
4. Juvenile misd. not committed in officer presence
5. Traffic offenses
6. Battery between siblings not constiutiting DV

Question 2

What are some offenses an officer will make an arrest without a warrant when probable cause exists for the following:

Answer 2

1. All felony/Misd. DV’s
2. Traffic Offenses: DUI, Felony Hit in Run, Homicide by Vehicle
3. Protection Order Violations

Question 3

Battery between Siblings, cousins, or current roommates

In weighing the determination whether to arrest, cite, or give an advisement, officers will consider the following:

Answer 3

1. Severity of Offense (pushing, spitting or punching)
2. Whether this is the first time officers have responded to location and interacted with the parties
3. One of both parties is in a violent agitated state, and officers have reasonable concern that by not removing at last one party from teh inient, violence may escalate.
4. One or both of the involved parties wants to press charges and complete a citizen’s request.

Question 4

What is the policy for an officer when they become aware of insufficient probable cause for an arrest without a warrant?

Answer 4

The officer should immediately release the person from custody.

Question 5

What is the legal status of a person who has been released by an officer after being arrested without a warrant due to insufficient probable cause?

Answer 5

The released person will be deemed not to have been arrested but only detained.

Question 6

Under what circumstances are officers allowed to search the personal property of an arrestee who has chosen to release their property to an on-scene third party before being transported to jail?

Answer 6

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

Question 7

What is the implication for an arrestee who chooses to release their personal property to a third party without consenting to an inventory, and how do officers respond to this situation?

Answer 7

The arrestee waives their claims against LVMPD for lost or damaged items.

Question 8

When property is released to a third party, officers will document the release on a ______ ________

Answer 8

Property Report

Question 9

The Property Report must be completed and signed by the _____ party as directed.

Property under $100

Answer 9

3rd party

Question 10

When releasing property the Officer will request the presence of a supervisor when:

Answer 10

1. The release of currency to a third party is over $100.
2. The release of non-currency items to a third party appears to be valued over $250.