Arrests without Warrants

Question 1

P/C Probable Cause

Answer 1

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

Question 2

Miranda Warning

Answer 2

This warning is intended to protect a person’s Fifth amendment right, against self-incrimination. Prior to questioning for testimonial given during a custodial interrogation to be used in prosecution the rights (to be silent and to have an atty present during questioning ) must be explicitly given prior to questioning.

Question 3

Arrest

Answer 3

A show of authority by an ofcr in words or actions or both that would cause a reasonable person to believe they were being deprived of their liberty more than temporarily (more than an investigative detention) and involves either:
a. Submission by the subject to the Ofcr’s show of authority or
b. An actual physical touching that places the subject under the control of the officer.

Question 4

An Officer WILL MAKE an arrest WITHOUT A WARRANT when P/C exists for the following:

Answer 4

1. All felony and Misd Battery acts constituting Batt DV!!!
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

Question 5

Releasing Property of an Arrestee to a Third Party

Answer 5

An arrestee may chose to release their property to an on-scene third party before being transported to jail. If so Ofcrs are not permitted to routinely search the released property UNLESS…they obtain the arrestee’s consent, or there is an articulated and compelling need to do so 9examples releasing personal property may allow the third party to become armed and dangerous, police are unable to identify arrestee and their property may contain their ID, property contains needed medications.
An arrestee who declines an inventory of their property to be released to a third party is essentially waiving their claims against LVMPD for lost or damaged items (always capture this process on BWC) to document the arrestee’s choice and third party taking possession.

When property is released to a third party
Officers WILL document the release on the Property Report LVMPD67A. The Property Report MUST BE completed and signed by the third party as directed:

The officer will request the presence of a supervisor when:

1. the release of currency to a third party is over $100
2. The release of non-currency items to a third party appears to be valued over $250

***The Supervisor WILL
1. Sign Property Report BEFORE the arrestee is transported to the appropriate detention facility.