Policy 6/016.00 Arrest Without a Warrant for Domestic Violence

Question 1

Domestic violence crimes can include, but are not limited to:

Answer 1

battery, assault, threats, harassment, sexual assault, stalking, arson, trespassing, larceny, destruction of private property, home invasion, false imprisonment and violations of
protection orders.

Question 2

TRUE or FALSE

The crimes associated with Domestic Violence often result in injury and death

Answer 2

TRUE: The crimes associated with Domestic Violence often result in injury and death.

Question 3

Whenever domestic violence (as
defined in NRS 33.018) is a part of the investigation of any other offense, the investigation will be assigned to the
Domestic Violence Detail, with the exception of:

Answer 3

With the exception of homicide, fraud, forgery, sexual assault and child/elder abuse.

Question 4

DV will conduct investigations to
provide for consistency in investigations and prosecution of domestic violence cases with a focus on presenting the
case with or without the victim’s cooperation whenever possible.
This can be accomplished by investigating/prosecuting based on:

Answer 4

9-1-1 tapes, photographs, medical
records, witnesses (including children),
officer testimony, defendant admissions and spontaneous declarations of the
victim and suspect.

Question 5

Chapter 171.137 of the Nevada Revised Statutes states: Except as otherwise provided in subsection 2, whether or not a warrant has been issued, a peace officer
shall unless mitigating circumstances exist:

Answer 5

Arrest a person when the peace officer has PC to believe that the person to be arrested has, within the preceding 24 hours, committed a battery upon

1. His or her spouse, former spouse,
2. Any other person whom is related by blood or marriage,
3. Was or is actually residing,
4. A dating relationship,
5. Has a child in common
6. The minor child of any of those persons or his or her minor child.

Question 6

To derermine primary physical aggresor the peace officer shall consider:

Answer 6

(a) Prior domestic violence involving either person;
(b) The relative severity of the injuries inflicted upon the persons involved;
(c) The potential for future injury;
(d) Whether one of the alleged batteries was committed in self-defense; and
(e) Any other factor that may help the peace officer decide which person was the primary physical aggressor.

Question 7

If officer determines the primary physical aggressor involved, officer is _______ required to arrest any other person believed to have committed a battery.

Answer 7

If officer determines the primary physical aggressor involved, officer is NOT required to arrest any other person believed to have committed a battery.

Question 8

TRUE or FALSE
If officer has P/C to believe that a battery DV was a mutual battery, officer shall attempt to determine the primary physical aggressor.

Answer 8

TRUE: If officer has P/C to believe that a battery DV was a mutual battery, officer shall attempt to determine the primary physical aggressor.

Question 9

An officer shall not base a decision regarding whether to arrest a person pursuant to this section on the officer’s perception of the willingness of a victim or a witness to the incident to:

Answer 9

Testify or otherwise participate in related judicial proceedings.

Question 10

As used in this section, “dating relationship” means:

Answer 10

Frequent, intimate associations primarily characterized by the expectation of affectionate or sexual involvement. The term does not include a casual relationship or an ordinary association between persons in a business or social context.

Question 11

It should also be noted that the liability for police officers making warrantless arrest in this situation remains unchanged.
NRS 41.032 protects an officer from civil action in the official discharge of his duties.

In view of recent court decisions however, officers should be aware that the potential for liability may be:

Answer 11

Greater if an arrest is not made when it is clearly warranted.

Question 12

TRUE or FALSE
It is the policy of this department to aggressively pursue domestic violence issues to prevent further acts of violence.

Warrantless arrests will be made in domestic abuse situations when probable cause exists to believe that a battery wascommitted within the parameters of State Statutes.

Answer 12

TRUE: It is the policy of this department to aggressively pursue domestic violence issues to prevent further acts of violence.

Warrantless arrests will be made in domestic abuse situations when probable cause exists to believe that a battery wascommitted within the parameters of State Statutes.

Question 13

TRUE or FALSE
Visible signs of injury need not exist in this type of alleged assault if the officer finds other evidence or witnesses to support a probable cause arrest.

Answer 13

TRUE: Visible signs of injury NEED NOT exist in this type of alleged assault if the officer finds other evidence or witnesses to support a probable cause arrest.

Question 14

Officer(s) responding to a DV, upon arrival at the scene:

Answer 14

a. Determines location/condition of persons involved;
b. Secures any weapons involved;
c. Ensures medical assistance is requested if injuries exist;
d. Separates parties from hearing and eye contact, whenever possible;
e. Immediately notifies his immediate supervisor who then notifies the area lieutenant to respond whenever a commissioned member of ANY law enforcement agency is involved as a suspect or victim;

f. Whenever an LVMPD member is involved as a suspect or victim, immediately notifies his immediate
supervisor, who then notifies the area lieutenant and the Domestic Violence Detail.

Question 15

When conducting a preliminary investigation, officers will:

Answer 15

a. Interviews victims, obtain most accurate information, maintain objectivity in reporting;
b. Determine and document suspect’s and victim’s conduct and demeanor;
c. Distinguishe primary aggressor from victim per NRS guidelines, (person most likely to inflict injury and the person least likely to be afraid)
d. Record statements by victim and/or suspect, accurately as possible;
e. Obtain written statements victim, witnesses and suspect. If refused, notes in report reasons for refusal (i.e., uncooperative, afraid, injured, language barrier, etc.).

Question 16

Completes a Domestic Battery Report, LVMPD 611, ensuring all information is documented including;
identity of children present (and if they witnessed or heard the incident), witnesses, medical information and
spontaneous statements made by anyone involved.

               TRUE or FALSE  This report can be used as an “A” page for a felony crime report.

Answer 16

TRUE: This report can be used as an “A” page for a felony crime report.

Question 17

Officer will provide victim with a Victim’s Information Guide, LVMPD 608, a Domestic Violence card and:

Answer 17

Explain information about victim assistance, emergency relocation assistance and protective orders;

Question 18

Based on probable cause and a review of the facts to determine the primary aggressor, arrests the perpetrator of the offense:

Answer 18

Arrest is made regardless of whether the offense may be ultimately prosecuted.

–Decision to prosecute rests with prosecuting agency not the victim or the officer.

Question 19

An Incident Report is not required, however a ______________________ IS required when responding to a domestic violence call where a battery occurred or is alleged (NRS 171.1227), regardless if an
arrest is made or not;

Answer 19

An Incident Report is not required, however a Domestic Battery Report IS required when responding to a domestic violence call
where a battery occurred or is alleged
(NRS 171.1227), regardless if an arrest is made or not.

Question 20

If a suspect is arrested, the arresting officer will advise the victim of the availability of obtaining an emergency protection
order and:

Answer 20

Having such order served on the suspect prior to his release from custody.

Question 21

Officer will notify his immediate supervisor who then notifies the area lieutenant if it is determined that the suspect has a previous conviction for domestic violence and is in possession of a firearm and/or ammunition.

Officer will then:

Answer 21

Complete a Firearms Notification, LVMPD 181, and fax to the local office of the
Bureau of Alcohol, Tobacco and Firearms, and LVMPD Firearms Unit.

Impounds the firearm and/or ammunition as evidence and writes on the impound form, “Evidence - Prohibited Person.” Writes, in the circumstances section of the impound form, “firearms impounded, prohibited person,” and explains the reason they are prohibited (e.g., “Previous conviction for domestic violence”);

Question 22

In order to ensure that evidence is collected and documented, ooficer will:

Answer 22

a. Ensures photographs of victim with any visible injuries, property damage, physical evidence, etc. are taken by officer or Criminalistics;
b. Documents injury or complaint of injury on Domestic Battery;

c. Includes documentation of physical evidence of struggle, damage to furnishings, noises heard upon
arrival, etc. in the narrative of the Domestic Battery Report;

d. Impounds any physical evidence such as torn or bloodied clothing, etc. whenever practical. Digital photos will be taken and uploaded into DIMS.

Question 23

TRUE or FALSE
Officer will document any independent provable crimes such as trespass, vandalism, child abuse/endangerment, coercion, etc.

Answer 23

TRUE: Document any independent provable crimes such as trespass, vandalism, child abuse/endangerment, coercion, etc.

Question 24

When booking a suspect for misdemeanor Battery Domestic Violence or Violation of a Protective Order, officer will make a complete copy of entire booking package and leaves it at CCDC/City Jail in the basket provided.

Attach a cover sheet (available at CCDC/City Jail) for the DA/City Attorney’s Office.

PACKAGE WILL INCLUDE THE FOLLOWING:

Answer 24

a. Request for Prosecution;
b. Witness List;
c. Copy of Domestic Battery Report;
d. Copy of Voluntary Statement(s);
e. TCR;
f. DOA.

Question 25

Immediate Supervisor will immediately notifies the area lieutenant to respond whenever a commissioned member of __________ law enforcement agency is involved as a suspect or victim.

Answer 25

Immediate Supervisor will immediately notifies the area lieutenant to respond whenever a commissioned member of ANY law enforcement agency is involved as a suspect or victim;

Question 26

Once the immediate supervisor is notified that an LVMPD member is involved as a suspect or victim, the supervisor will:

Answer 26

Immediately notifie the area lieutenant to respond;

Question 27

Immediate Supervisor will notify the area lieutenant if it is determined that the suspect has a previous conviction for domestic violence and is in possession of a firearm and/or ammunition.

Ensures completion of a Firearms Notification, LVMPD 181, and ensures it is faxed to the local office of the Bureau of Alcohol, Tobacco and Firearms.

Ensures all firearms and/or ammunition are impounded as evidence and writes on the impound form:

Answer 27

“Evidence - Prohibited Person.” Writes, in the circumstances section of the impound form:

“firearms impounded, prohibited person,” and explains the reason they are prohibited (e.g., “Previous conviction for domestic
violence);

Question 28

Immediate supervisor will review the report,ensures all applicable information is included and forwards the white copy of the report to _________bureau, the yellow copy to the __________________ detail and the pink copy has been given to___________.

Answer 28

Records Bureau
Domestic Violence
Victim

Question 29

Who will the area lieutenant notify if the victim or suspect is an LVMPD member or a commissioned member of any other law enforcement agency?

Answer 29

The Area Lieutenant will notify the on-call Domestic Violence Sergeant who will notify the CAYF Family Crimes lieutenant.

The on-call Domestic Violence sergeant and detectives will respond if determined necessary.

Question 30

Domestic Violence Detail will:

Answer 30

Conducts victim/witness interviews as soon as possible;

Further document incident including any past history of violence and suspect’s criminal history. If appropriate, notify parole/probation of offense;

Submits case to the appropriate prosecuting attorney’s office;

Ensures contact with appropriate victim/witness coordinator;

Ensures Watch Commander and Bureau/Area Commander notifications are made.

Question 31

TRUE or FALSE
STATION REPORTS-Due to the serious nature, broad scope and cycle of violence inherent in these crimes, the response of law enforcement
must reflect an appropriate sense of urgency.

Therefore, if a reported battery has occurred within the last 24 hours
and/or visible injury or evidence exists, the on-duty patrol sergeant will be notified and officers will respond to complete
the investigation.

Answer 31

TRUE: Due to the serious nature, broad scope and cycle of violence inherent in these crimes, the response of law enforcement
must reflect an appropriate sense of urgency.

Therefore, if a reported battery has occurred within the last 24 hours and/or visible injury or evidence exists, the on-duty patrol sergeant will be notified and officers will respond to complete the investigation.