6/006.00 Arrest Procedures and Declaration of Arrest

Question 1

It is the policy of this department that warrantless FELONY OR GROSS MISDEMEANOR arrests will be limited to the most serious charge(s) arising from a single set of circumstances.

In the County, misdemeanor arrests will be limited to the SINGLE most serious offense and generally will NOT be combined with a felony or gross misdemeanor arrest. (See procedure for further instructions.)

In the City of Las Vegas, all appropriate misdemeanor charges will be reflected for each arrest.

This policy does not apply to arrests made pursuant to warrants.

True or False?

Answer 1

True.

Question 2

The Temporary Custody Record and Declaration of Arrest, LVMPD 22 and 22A, will be used for all adult arrests
excluding:

Answer 2

Misdemeanor citation arrests (see 5/202.04).

Question 3

When an arrest is made on a local warrant, the Declaration will serve as:

Answer 3

The Arrest Report, detailing the circumstances of the arrest and reasonable cause that exists to believe the person arrested is the one named on the warrant.

Question 4

The Declaration of Arrest must be completed __________the booking process. All other pertinent reports connected to the arrest will be completed before the officer secures the shift.

Answer 4

The Declaration of Arrest must be completed DURING the booking process. All other pertinent reports connected to the arrest will be completed before the officer secures the shift.

Question 5

According to Arrest Procedures, Shift supervisors are responsible for ensuring:

Answer 5

The reports are completed and the quality of the report is acceptable.

Question 6

According to Arrest Procedures, Arresting Officer:
1. Investigates the situation and determines which law(s) have been violated.

2. If practical in misdemeanor cases, issues citation(s). AND/OR If arrest is necessary:

Answer 6

Books into the appropriate detention facility by completing the Temporary Custody Record, LVMPD 22, for the most serious felony or gross misdemeanor offense(s) or the single most serious misdemeanor offense (in the County).

Question 7

According to Arrest Procedures, In the City of Las Vegas, suspects may be booked for all appropriate misdemeanor offenses.)

Suspects _________be booked for any misdemeanors when being booked for any felony or gross misdemeanor (with the exceptions listed below).

WILL
WILL NOT

Answer 7

Suspects WILL NOT be booked for any misdemeanors when being booked for any felony or gross misdemeanor (with the exceptions listed below).

Question 8

According to Aresst Procedures, In the City of Las Vegas, suspects may be booked for all appropriate misdemeanor offenses.)

Suspects will NOT be booked for any misdemeanors when being booked for any felony or gross misdemeanor with the exceptions of:

Answer 8

Crimes against the officer. Suspects committing those offenses may be booked on them IN ADDITION to any other offense(s).

When arrest is mandated by statute for certain misdemeanors (i.e., domestic violence or driving on a DWI revoked license).

Question 9

Suspects may be booked for a misdemeanor (combined with a felony or gross misdemeanor) when:

Answer 9

it is the charge that results in a SEARCH leading to a felony or gross misdemeanor arrest.

(e.g., a suspect is arrested for Disturbing the Peace and the subsequent search reveals Possession of a Controlled Substance. In this case the suspect can be booked for the Felony and Misdemeanor.)

Question 10

According to Arrest Procedures, In situations where more than one offense is alleged in the County, offciers requests
approval of the authorizing supervisor to book on:

Answer 10

Additional charges and lists those
approved charges on the Temporary Custody Record.

The initials and P Number
of the supervisor granting approval will be noted on the Temporary Custody
Record and in all subsequent reports.

Question 11

According to Arrest Procedures, In situations where more than one offense is alleged in the County, officer requests
approval of the authorizing supervisor to book onAdditional charges.

What is need from the supervisor?

Answer 11

The initials and P Number
of the supervisor granting approval will be noted on the Temporary Custody
Record and in all subsequent reports.

Question 12

Completes the Declaration of Arrest, LVMPD 22A, listing the probable cause for all charges. This report shall
contain:

Answer 12

ONLY THAT INFORMATION NECESSARY TO ESTABLISH PROBABLE CAUSE,

INCLUDING THE ELEMENTS OF THE CRIME

AND THE ACTIONS OF THE DEFENDANT CONSTITUTING THE CHARGE.

BOTH COPIES OF THIS FORM MUST HAVE AN ORIGINAL SIGNATURE.

Question 13

TRUE or FALSE
According to Aresst Procedures, Any other offenses the officer believes should be considered may be listed in the area indicated on this form. No further probable cause is need.

Answer 13

FALSE: Any other offenses the officer believes should be considered may be listed in the area indicated on this form and sufficient probable cause must be included to justify those additional offenses.

Question 14

According to Arrest Procedures, officer dictates an Arrest Report for all:

Answer 14

Felony and Gross Misdemeanor offenses, LVMPD 602, (using the suspect ID Number)
detailing the events surrounding the arrest.

Question 15

According to Arrest Procedures, with the exception of the suspect’s name, ID Number, and appropriate charge, the personal identifiers are not to be dictated.

Any event number pertinent to this arrest
should be mentioned in the details of the Arrest Report.

When the officer/detective types the report, he will:

Answer 15

E-mail the Arrest Report to Records Bureau using the department e-mail address “Records
Transcriptions.” Records Bureau will then include said report in the approval system prior to forwarding the Package to the District Attorney’s Office; or

b. Fax the Arrest Report to Detention Records for inclusion into the Arrest Package.

However, prior to faxing, the report must be approved and signed by a supervisor.

Question 16

According to Arrest Procedures, officer completes all other reports connected to the arrest (i.e., property report, etc.), and notes any reports that have been dictated on LVMPD 124.

This is used only for waht types of crimes?

Answer 16

Completes all other reports connected to the arrest (i.e., property report, etc.), and notes any reports that have been dictated on LVMPD 124 (used only for felony and gross misdemeanors).

Question 17

Accoding to Arrest Procedures, for felonies and gross misdemeanors, completes a Case/Arrest and Connecting Reports for Screening Process
form, LVMPD 124, and attaches it to the Declaration of Arrest with all handwritten connecting reports attached. This shall be known as:

Answer 17

The Arrest Report Package.

(NOTE: Local warrant arrests will not require
completion of LVMPD 124).

Question 18

According to Arrest Procedures, officer contacts supervisor as soon as practical preferably during:

Answer 18

The work shift for review of the Arrest Report Package.

Question 19

According to Arrest Procedures, officer turns in reports to supervisor no later than the end of the shift.

In the absence of the officer’s immediate supervisor, the officer will have the Arrest Report Package reviewed by:

Answer 19

The shift lieutenant. If the shift lieutenant is not available, the Arrest Package must be reviewed by any available PD or ISD supervisor (as appropriate to the arresting officer’s chain of command).

Question 20

According to Arrest Procedures, supervisor reviews Declaration of Arrest for:

Answer 20

a. Sufficient justification for multiple charges on felony or gross misdemeanor arrests.
b. Sufficient probable cause.
c. Adequate explanation of the actions of the defendant constituting the charge; each element of the crime is sufficiently addressed.
d. Quality of the report.

Question 21

According to Arrest Procedures, for felony and gross misdemeanor arrests, reviews the Case/Arrest and Connecting Reports for Screening Process, LVMPD 124, for:

Answer 21

Completeness, ensures that it is attached to the top of the Arrest Package and completes the lower portion.

Question 22

Determines that all reports connected to the arrest have been submitted and/or completed. Ensures that all handwritten, connecting reports are fastened together and take additional steps to:

Answer 22

Mark “approved” and sign the Case/Arrest Form, LVMPD 124, if the felony or gross misdemeanor arrest meets all of the requirements listed above.

Ensure that all other reports are forwarded to their respective scan personnel or the Police Records Bureau if none exists.

Question 23

Transporting Officer (In Citizen Arrest) will do the following:

Answer 23

Assist citizen in completing a handwritten Declaration of Citizen’s Arrest, LVMPD 16, for misdemeanor arrests only.

17. Ensures that the citizen signs the Declaration.
18. Forwards all completed and notarized Declarations, Complaints and Crime Reports to their respective scan personnel or the Police Records Bureau if none exists.

Question 24

Detective (Assigned to the Case) will:

Answer 24

Receive felony and gross misdemeanor cases and reviews for completeness.

Prepares Criminal Complaint Request Form for District Attorney, listing all viable charges, both City and County and submits the case to the District Attorney within five working days for a criminal complaint.

Question 25

NCF (NO CHARGES FILED) PROCEDURES

If the arrest does not meet all the necessary requirements, the charge(s) can be:

Answer 25

Released by filing for an NCF.

Question 26

NCF (NO CHARGES FILED) PROCEDURESNOTE:

Arrests will NOT be routinely NCF’d from the Las Vegas City Detention Center.) This must be done within:

Answer 26

48 hours of the time of arrest in the field (prior to the submission of the arrest information to the District Attorney’s Office)

Otherwise the release must be coordinated directly with the District Attorney’s Office (Screening Office 455-4721), as the authority to release is out of the control of LVMPD

Question 27

NCF (NO CHARGES FILED) PROCEDURESNOTE:

Patrol Sergeant (or above); Detective or Detective Sergeant, reviews completed arrest reports to determine the validity of the arrest based on:

Answer 27

a. Probable cause established.
b. Elements of the crime charged.
c. Applicability of the crime charged.
d. Presence of any additional evidence to support the allegation (charge).

Question 28

NCF (NO CHARGES FILED) PROCEDURESNOTE:

if the subject booked in the Clark County Detention Center and does not meet the above criteria, Patrol Sergeant (or above); Detective or Detective Sergeant:

Answer 28

a. Completes the LVMPD Prisoner Release form (LVMPD 57).
b. Faxes a copy to Detention Records.
c. Forwards original to Detention Records via inter-departmental mail.
d. Contacts Detention Records and verifies that the Prisoner Release Form was received and provides CCDC Records the signing supervisor’s name and P number.