6/006.01 ARRESTS WITHOUT WARRANTS

Question 1

PO may make an arrest for:

Answer 1

1. F, GM, M, crimes committed in their presence
2. F, GM not committed in their presence if PC (reasonable belief) exist. 3. When PO has PC person is about to commit a Felony crime
3. M, by juveniles not committed on the POs presence
4. Traffic offenses
5. Battery between siblings, cousins, and current roommates

Question 2

elements that must exist for an arrest to take place are:

1. A show of authority by an officer in words or actions or both which
2. 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 sense) AND either
3. Submission by the subject to the officer’s show of authority, OR

Answer 2

4. An actual physical touching which places the subject under the control of the officer.

Question 3

In making lawful arrests, officers are entitled to use only the reasonable amount of force which is necessary to:

Answer 3

1. secure prisoners,
2. overcome resistance,
3. prevent escape,
4. effect recapture, or to
5. protect themselves from bodily harm.

Question 4

Detention shall be no longer than 60 minutes nor extend beyond the place or immediate vicinity where the detention _____ effected – NRS 171.123.

Answer 4

first

Question 5

Rights of Arrested Persons are:

Answer 5

1. proper medical attention indicated by medical alert, or for conditions sustained during arrest;
2. care and safeguarding of property in possession at time of arrest;
3. a sign language interpreter if required to communicate; and a
4. reasonable number of completed telephone calls after being booked as provided by law

Question 6

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 6

$100 $250 Supervisor signs the property report prior to subject transport

Question 7

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

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

Answer 7

• Protective order violations

Question 8

Making a Warrantless Arrest:

The arresting officer will:

1. Use only a reasonable amount of force to effect the arrest
2. Restrain the arrestee by handcuffing their hands behind the back, unless handicapped, obese, or other physical reasons exist for not doing so .
3. Inform the suspect that they are under arrest and name the criminal offense or cause for arrest.
4. Search the arrestee for weapons and instruments or fruits of the crime which are upon their person and/or within their immediate control
5. 6. 7. 8.

Answer 8

• If interrogation is to follow, give the arrestee the Miranda Warning beforehand
• Protect and safeguard the arrestee and personal property;
• Transport the arrestee to the appropriate detention facility
• Complete arrest procedures in accordance with LVMPD

Question 9

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(3):

Answer 9

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

Question 10

1. In weighing the determination whether to arrest, cite, or give an advisement to battery between siblings, cousins and current roomates, officers will consider the following:
   
   1. The severity of the offense (e.g., pushing or spitting vs. punching or kicking);
   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 of a similar nature;
   3. 4.

Answer 10

• One or both of the parties is in a violent or agitated state, and officers have a reasonable concern that by not removing at least one party from the incident, violence may escalate;
• One or both of the involved parties wants to press charges and complete a citizen’s arrest .

Note: for arrest or citation complete an ICR. If no arrest or cite add notes in CAD as to why not