4.102 Arrests Without Warrants

Question 1

What is the policy regarding arrests without warrants by the Las Vegas Metropolitan Police Department?

Answer 1

An officer will establish probable cause for a warrantless arrest and arrested persons will be afforded their constitutional rights.

The personal property of an arrestee will be handled as outlined in LVMPD 7.305, Handling Property of an Arrestee.

Question 2

Define ‘arrest’ as per the Las Vegas Metropolitan Police Department’s policy.

Answer 2

A show of authority by an officer causing a reasonable person to think they are being deprived of liberty more than temporarily, involving either:
* Submission by the subject
* Actual physical touching placing the subject under officer’s control.

Question 3

What constitutes ‘probable cause’?

Answer 3

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

Question 4

What is the purpose of the Miranda warning?

Answer 4

To protect a person’s Fifth Amendment right against self-incrimination during custodial interrogation.

For testimony to be used in prosecution, rights must be explicitly given and waived before questioning.

Question 5

What must an officer do if interrogation is to follow an arrest?

Answer 5

Give the arrestee the Miranda warning beforehand.

Question 6

List the circumstances under which an officer may make an arrest without a warrant.

Answer 6

• Crimes committed in the officer’s presence
• Felonies and gross misdemeanors not in presence with probable cause
• Belief that a felony is about to be committed
• Juvenile misdemeanors not in presence
• Certain traffic offenses
• Battery between siblings, cousins, or roommates (not domestic violence)

Question 7

What rights are afforded to arrested persons?

Answer 7

• Constitutional rights
• Proper medical attention
• Safeguarding of property
• Sign-language interpreter if needed
• Reasonable number of completed telephone calls after booking.

Question 8

True or False: An officer must always arrest in cases of battery between siblings or cousins.

Answer 8

False.

The officer has discretion to arrest, cite, or give an advisement based on circumstances.

Question 9

What factors should an officer consider when deciding whether to arrest for battery between siblings or cousins?

Answer 9

• Severity of the offense
• Prior interactions with involved parties
• State of the involved parties
• Desire of one or both parties to press charges.

Question 10

What happens if an officer becomes aware of insufficient probable cause after making a warrantless arrest?

Answer 10

The officer will immediately release the person from custody, and they will be deemed not to have been arrested but only detained.

Question 11

Fill in the blank: An officer must use only a _______ amount of force to make an arrest.

Answer 11

[reasonable]

Question 12

What should be done with the arrestee’s personal property during an arrest?

Answer 12

It must be protected and safeguarded.

Question 13

What is the required action after an arrest without a warrant is made?

Answer 13

Complete arrest procedures in accordance with LVMPD 4.100, Arrest Procedures and Declaration of Arrest.

Question 14

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

Answer 14

1. All felony and misdemeanor battery acts constituting domestic violence
2. Traffic offenses that are classified as (LVMPD 4.200, Traffic Enforcement):
   a. DUI
   b. Felony hit and run
   c. Homicide by vehicle
3. Protective order violations