9.00 Arrests Flashcards
9.10 Policy (Arrests)
C. In some cases an offense may occur, a CO WILL NOT make an arrest. INSTEAD, there may be a report written (UF-101) and/or a complaint presented before a court of proper jurisdiction (summons), or a verbal admonishment or other direction may be given. 🚨
D. The decision to arrest, not arrest, issue a summons will be guided by supervisor’s direction, the law, and a review of factual situation involved. 🚨
9.10 Policy (Arrests)
E. PRIOR to the ISSUANCE of a SUMMONS, a review of the incident MUST be conducted by a uniformed supervisor. 🚨 (Quiz)
F. In situations where an individual is issued a SUMMONS for DISORDERLY CONDUCT, that summons SHALL NOT result in the expulsion from courthouse. They should be allowed to conclude their court business if they do not cause further disruption.
🚨(Quiz)
9.20 General (Arrests)
B. CO may use physical force if justifiable (Sec. 35.30 PL) when effecting an arrest.
C. CO is responsible for the safety, security and well-being of the subject under arrest.
- Subject arrested SHALL be provided medical attention if required. These forms MUST be completed:
- UF-100 Aided Report and
- UF-151 Medical Treatment of Prisoner
🚨(Quiz)
9.20 General (Arrests)
- A Medical Treatment of Prisoner form (UF151) SHALL be maintained at the command level and copies may be provided to police / custodial agencies upon request.
D. When effecting an arrest, a CO not in uniform SHALL present ID and advise the subject of the reason for the arrest, UNLESS the court officer encounters: 🚨
- Physical resistance, Flight or Other factors that render such procedures impractical.
9.20 General (Arrests)
F. The AO/CO is responsible for performing ALL POST-ARREST functions unless otherwise directed by a uniformed supervisor.
Next, A CO SHALL bring the arrested person to be brought before a local criminal court and file there with an appropriate accusatory instrument charging the person with the offense. 🚨
9.20 General (Arrests)
H. Whenever a JUVENILE is arrested or taken into custody, CO SHALL notify a parent or other person legally responsible for that juvenile. 🚨
9.30 On-Duty Arrests
A. Except in Emergencies, PRIOR to effecting an arrest, an officer MUST notify the designated supervisor.
B. On-duty arrest, CO SHALL: 🚨
- Provide ID if the CO is not in uniform.
- Advise subject of reason for the arrest.
- Place the individual in handcuffs (rear).🚨(Quiz)
- Remove the individual to a secure area.
- Search the individual in accordance with Sections 9.50 and 3.70 of this manual.
9.30 On-Duty Arrests
B. On-Duty arrest, CO SHALL: 🚨 (Cont.)
- Inventory / voucher all personal property
- Advise their rights (Miranda Warnings)
- Follow local arrest processing procedures - Standard Operating Procedure.
- Unusual Occurrence Report (UF-101)
C. CO SHALL exercise discretion and sensitivity in handcuffing, searching, and transporting arrested persons with DISABILITIES. 🚨(Quiz)
9.40 Off-Duty Arrests
A. Off-duty arrest, CO SHALL: 🚨
- Provide / display ID.
- Advise subject of reason for the arrest.
- Place the individual in handcuffs (rear).
- Search the subject in accordance with section 9.50 of this manual. 🚨
- Remove subject from public view if possible. 🚨
- Advise their rights (Miranda Warnings).
9.40 Off-Duty Arrests
A. Off-duty arrest, CO SHALL: (Cont.)🚨
- Contact the local police and advise them of the situation. 🚨
- Process the arrest following local arrest procedures.
- Unusual Occurrence Report (UF-101).
10.Notify the supervisor as soon as possible, but no later than the next business day.
9.50 Search
A. CO after effecting an arrest SHALL conduct a PRELIMINARY SEARCH for weapons and contraband as soon as PRACTICABLE. 🚨
B. PRIOR to TRANSFER of custody, CO SHALL conduct a THOROUGH SEARCH.
This search SHALL include an INVENTORY and VOUCHERING of ALL personal property. 🚨(Quiz)
9.60 Miranda Warnings
A. CO SHALL advise the arrested person of
their rights (Miranda Warnings) ASAP and AWAYS prior to questioning. 🚨
- Unless there is imminent danger to
public safety, questioning is allowed for
the purpose of eliminating the danger!
B. Miranda warnings: 🚨
- You have the right to remain silent.
- You do not have to answer questions.
- Anything you say may be used against
you in a court of law. - You have the right to consult with an
attorney before speaking with the police or
arresting officer. - You have the right to have an attorney
present during any questioning.
1 - 6 is followed by: Do you understand?
B. Miranda warnings:
- If you cannot afford an attorney, one will
be provided for you.
- Now that I have advised you of your rights, are you willing to answer questions without an attorney being present?
C. A subject should also be asked whether they are represented by counsel in any other pending criminal action or proceeding. If so, they shall not be questioned. 🚨
9.70 Warrants (CPL 530.70) (2)
🚨(Quiz)
A. Warrant of Arrest:
1. A CO is NOT authorized to EXECUTE a WARRANT of ARREST. 🚨(Quiz)
B. Bench Warrants:
1. A bench warrant is a process of a
criminal court in which a criminal action is
pending directing a police officer or
uniformed court officer to take into custody a defendant in such action who has previously been arraigned upon the
accusatory instrument by which the action
was commenced and to bring the defendant before such court.
The function of a bench warrant is to achieve the court appearance of a defendant in a pending criminal action for some purpose other than their initial arraignment in the action. 🚨
9.70 Warrants (CPL 530.70) (2)
B. Bench Warrants 🚨(Quiz)
2. MAY be EXECUTED by A CO in the building wherein the CO is employed or in the immediate vicinity within the jurisdiction of New York City and the counties of Nassau, Suffolk and Westchester.
- In order to effect the arrest, the officer
may use such physical force as is justifiable
(Section 35.30 of the Penal Law). 🚨 - Once arrested, the defendant MUST be
brought without unnecessary delay before
the judge who issued the warrant or the
judge’s designee. 🚨
9.80 Stop Question & Frisk (CPL 140.50) 🚨
A. CO MAY STOP a person in or about the
courthouse to which they are assigned when they reasonably suspect that such person is committing, has committed or is about to commit either (a) a felony, or (b) a misdemeanor defined in the Penal Law. The court officer may demand of such person their name, address and an explanation of their conduct. 🚨
B. The QUESTIONING of such individual MAY only be for that period of time reasonably related to the facts which justified the stop or are discovered
during the stop. All such stopping and questioning must be completed as expeditiously as possible. 🚨
9.80 Stop Question & Frisk (CPL 140.50)🚨
C. When stopping a person under circumstances prescribed in Paragraph (A) above, and if a court officer reasonably suspects that they are in danger of physical injury, the officer MAY SEARCH such person
for a deadly weapon or any instrument,
article or substance readily capable of causing serious physical injury or of a sort not ordinarily carried in public places by law-abiding persons. 🚨
If the officer finds such a weapon or instrument, or any other property the possession of which they reasonably believe may constitute the commission of a crime, the officer may take it and keep it until the
completion of the questioning, at which time the officer shall either return it, if lawfully possessed, or take appropriate law enforcement action.
9.80 Stop Question & Frisk (CPL 140.50) 🚨
D. A court officer shall file an Unusual Occurrence Report (UF-101) when a person is stopped pursuant to paragraph (A) of this subsection. Court officers shall describe the circumstances of the stop in the “Details” section of the (UF-101) and check all boxes which apply in the “Physical Force Used” section. 🚨
