Arrest Policy

Question 1

Essential elements of arrest

Answer 1

Intent on part of person making arrest

Authority that is lawful on part of person making arrest

Seizure or detention of the arrestee

Understanding on part of arrestee that
they have been arrested

Question 2

Types of arrest

Answer 2

With a warrant

Without a warrant (based on PC)

Question 3

Arrest with a warrant

Answer 3

1. Officers may enter a suspect’s residence to affect a felony arrest warrant if they have probable cause to believe it is the suspect’s residence and reasonable belief the suspect is inside; otherwise, a search warrant is required
2. Officer lawfully on premises for the purpose of making an arrest may search the premises for the purpose of dining the person to be arrested
   2A. When the person is known to be there and known to be armed, officers conducting the search may look into small places where a weapon might be hidden until the person has been located and arrested

Question 4

Arrest without a warrant based on probable cause

Answer 4

1. Public place where officer has legal right to be with probable cause that a crime and person committed crime
2. Absent lawful consent, officers will not enter a residence in pursuit of misdemeanor suspects without a search warrant

Question 5

Terrorist Screening Center (TSC)

Answer 5

Handling Code Level 1 - arrest this individual, he is associated with terrorism
- TSC will coordinate with FBI’s Counterterrosim Watch to ensure appropriate disposition of prisoner

Handling Code Level 2 - detain this subject for a reasonable amount of time while questioning

• Investigative interest to law enforcement for reasons associated with terrorism
• Contact TSC for additional info

Handling Code Level 3 - do not alert individual of notice, and do not arrest unless probable cause a crime exists
- Contact TSC for additional info and ask probing questions to verify identity

Question 6

Arrest in outside jurisdiction

Answer 6

Must have supervisor permission prior to leaving city to make arrest
Unless exigent circumstances exist, officer myst notify jurisdiction which arrest is top be made and request local uniformed officer to be present for felony arrests and arrests involving potentially violent subjects

Question 7

Citizen’s arrest

Answer 7

• Prisoner in physical custody of citizen
• Citizen intends to prosecute
• Citizen arrest apparently lawful, being a misdemeanor amount to a breach of the peace or a felony committed citizen’s presence