SOP 307.5 Warrant or Capias Arrest

Question 1

When a victim of a crime is wanted on an outstanding warrant, the decision of whether to arrest the victim on an active warrant will be made by _________.

Answer 1

The Shift Commander

Question 2

What factors are considered when the victim of a crime has an active warrant?

Answer 2

1. The degree of injury or mental trauma suffered by the victim balanced against
   the nature of the crime specified in the warrant;
2. The age of the warrant, the victim’s criminal history (especially prior failure to appear), the potential for additional crime if the arrest is not made and;
3. The likelihood that the victim can be located at a later time

Question 3

As a general guideline, the victim of a crime involving serious personal injury or mental trauma will not typically be arrested on a warrant involving ______, ______, or ______ . The same consideration will be given to close family members of the victim who may also be traumatized by the injury to the victim.

Answer 3

1. A traffic
2. Misdemeanor
3. Felony property crime

Question 4

A request from another law enforcement agency to arrest a person shall operate as a ______ if the request does not provide sufficient probable cause for the arrest or information that a warrant or capias has been issued.

Answer 4

Request to locate

Question 5

Authority is granted to stop and detain a person if:

Answer 5

An officer has reasonable suspicion (a person or vehicle fits the detailed description of a suspect or suspect vehicle in a recent law violation) that the person has committed, is
committing, or is about to commit a crime

Question 6

Before an officer may arrest, probable cause must be established through: _________ or ________. Such an arrest can be made if the suspect is discovered within the city limits of Tampa and the crime occurred in another jurisdiction.

Answer 6

1. The officer’s own observations
2. Statements of witness or other law enforcement officers
   .

Question 7

Persons detained will not be removed from the

location of the stop unless:

Answer 7

The detained person gives permission, is

arrested, or movement is required because of safety factors.

Question 8

When a person has been detained based upon an FCIC/NCIC “hit”, the arresting officer will ensure the “hit” has been confirmed by:

Answer 8

Communications

Question 9

If the wanting agency is out of the county, the arresting officer will advise the ____ that the wanted person is in custody and Communications will send a teletype to the wanting agency confirming the existence of a warrant or capias;

1. If the wanting agency does not respond to the teletype within a reasonable time, the officer may _______.
2. If the confirmation cannot be made, the person will ________.

Answer 9

1. Communications Section
2. Contact the agency via telephone.
3. Be released

Question 10

A _______ will be completed indicating in the probable cause section that the arrest was based upon a warrant or capias, the charge, the warrant or capias number, the name of the wanting agency, and the method of identification.

Answer 10

Criminal Report Affidavit

Question 11

Officers are not required to originate a separate offense report when arresting a person based on a warrant or capias. The ______ copy of the affidavit will serve as the Tampa Police Department report. Therefore, a ______ must be obtained from the Communications Section and placed in the appropriate space on the affidavit.

Answer 11

1. Yellow

2. Report number

Question 12

To make confirmation of the existence of the warrant or capias in a Hillsborough County case, the officer will:

Answer 12

Confirm the warrant or capias through Communications and make note of the confirmation in the probable cause text listing the operator’s number and time of confirmation.

Question 13

To make confirmation of the existence of the warrant or capias in a case from a jurisdiction outside Hillsborough County, the officer can confirm the warrant or capias by telephone and list in the probable cause section of the affidavit: ____, ____, ____, and _____. A copy of ____ can be obtained and attached to the affidavit and the report.

Answer 13

1. The agency, person
   who verified the “hit”, time of confirmation, and telephone number of the agency.
2. The computer generated “hit”

Question 14

Multiple warrants and/or capiases originating from one county may be placed on one affidavit, including a combination of traffic and
criminal charges. The _____ must be included
on the affidavit.

Answer 14

Warrant or capias numbers

Question 15

A warrant/capias number cannot be included on the same affidavit as an _____ or _____. A separate CRA should be completed.

Answer 15

1. On-scene

2. Probable cause arrest

Question 16

If there are warrants/capiases on the subject originating from different counties, then ______.

Answer 16

Separate affidavits must be filed

Question 17

If an officer elects to originate a separate incident report in addition to the affidavit, it will be entitled “______.”

Answer 17

Assist Other Jurisdiction

Question 18

In out-of-state cases (felony), the arresting officer will advise Communications that a person is in custody who has a NCIC “hit.” Communications will send a teletype to the wanting agency to confirm that a warrant or capias is in existence and to determine if the agency will extradite the wanted person. If confirmation that a warrant or capias is in existence cannot be made, or
confirmation that the agency will not extradite is made, the person will ______. If the warrant or capias is confirmed, the arrest will be made. If the wanting agency does not respond to the teletype within a reasonable time, the officer may contact the agency by telephone. If extradition cannot be confirmed and the warrant is valid, the arrest will _____.

Answer 18

1. Be released

2. Be made