4.100 Arrest Procedures and Declaration of Arrest

Question 2

What is the policy regarding warrantless felony or gross misdemeanor arrests?

Answer 2

Limited to the most serious charge(s) arising from a single set of circumstances, except for violent crimes, which will be combined.

This policy emphasizes the seriousness of the offense when determining arrests without a warrant.

Question 3

How are misdemeanor arrests treated in Clark County?

Answer 3

Limited to the single most serious offense and generally not combined with felony or gross misdemeanor arrests.

This approach aims to simplify the arrest process for misdemeanors.

Question 4

What is the policy for misdemeanor charges in the City of Las Vegas?

Answer 4

All appropriate misdemeanor charges will be reflected for each arrest.

This ensures transparency in the reporting of misdemeanor offenses.

Question 5

When does this policy not apply?

Answer 5

It does not apply to arrests made pursuant to warrants.

Arrests based on warrants follow different guidelines.

Question 6

What documents are used for adult arrests excluding misdemeanor citation arrests?

Answer 6

Temporary Custody Record (TCR) and Declaration of Arrest (DOA), LVMPD 22 and 22A.

These documents are essential in documenting the arrest process.

Question 7

What serves as the Arrest Report (AR) when an arrest is made on a local warrant?

Answer 7

The Declaration of Arrest (DOA).

The DOA details the circumstances and reasonable cause for the arrest.

Question 8

When must the DOA be completed?

Answer 8

During the booking process.

Timely completion of the DOA is crucial for proper documentation.

Question 9

Who is responsible for ensuring reports are completed and acceptable?

Answer 9

Shift supervisors.

Supervisors play a key role in maintaining the quality of arrest documentation.

Question 10

What procedures are referenced for release of subjects when the validity of the arrest is in question?

Answer 10

No Complaint Filed (NCF) procedures.

These procedures are important for addressing potential issues with arrests.

Question 11

What is the first responsibility of an Arresting Officer (AO)?

Answer 11

Investigate the facts and circumstances of a situation and determine what law(s) has been violated.

Question 12

In misdemeanor cases, what action can an Arresting Officer take if practical?

Answer 12

Issue citation(s).

Question 13

What must an officer complete when booking an arrestee for serious offenses in Clark County?

Answer 13

The TCR for the most serious felony or gross misdemeanor offense(s) or the single most serious misdemeanor offense. With the exception of Violent crimes for which charges will be combined

Question 14

Under what condition can officers exercise discretion regarding continuing the booking process if it is determined the arrestee needs medical assistance.

Answer 14

If it has been determined that the arrestee needs medical assistance after the notification and approval of the watch commander

Question 15

Who may determine if an arrestee needs medical assistance?

Answer 15

The booking sergeant with input from Clark County Detention Center (CCDC) medical services vendor.

Question 16

If an officer does not book an arrestee due to medical needs, what must they do?

Answer 16

Call for private medical transportation via ambulance. Officers will not make the decision to release the arrestee without ensuring they are provided an option for obtaining medical care.

Question 17

If the medical condition of an arrestee is not life threatening, what can the officer do?

Answer 17

Transport the arrestee to a hospital or emergency room and release them to hospital personnel. Arrestees will not just be dropped of at the front door.

Question 18

What will officers do if they transport an arrestee for medical assistance?

Answer 18

Officers May cite the arrestee prior to releasing them to medical personnel or Will submit for an arrest warrant before the end of shift.

Question 19

Where are officers not allowed to release arrestees?

Answer 19

Anywhere other than CCDC, Las Vegas City Jail, Henderson Jail, or a hospital/emergency room.

Question 20

True or False: An arrestee can leave if they sign an Against Medical Advice form.

Answer 20

True. The officer will not interfere.

Question 21

What may suspects be booked for in CLV?

Answer 21

All appropriate misdemeanor offenses

This includes specific circumstances where exceptions apply.

Question 22

When will arrestees not be booked for misdemeanors?

Answer 22

When being booked for felony or gross misdemeanors, except in specified circumstances

Exceptions include crimes against officers, mandated arrests, searches leading to felony arrests, and violent crimes.

Question 23

What are the exceptions that allow booking for misdemeanors while being booked for felonies?

Answer 23

• Crimes against an officer
• Statutory mandated arrests for certain misdemeanors i.e. DV, Driving on a DUI revoked license
• Misdemeanor charge resulting in a search leading to a found evidence and felony arrest
• Booking for one or more violent crimes

Examples include domestic violence or driving on a revoked license.

Question 24

What must the Temporary Custody Record (TCR) have?

Answer 24

An original signature on the first and second copies

Signatures are required on page one and two as indicated.

Question 25

In Clark County, what is required when more than one offense is alleged?

Answer 25

Approval of the authorizing supervisor to book on additional charges ( with the exception of violent crimes) and list approved charges on TCR ## Footnote This does not apply to violent crimes.

Question 26

What must be noted on the TCR when additional charges are approved?

Answer 26

The initials and P Number of the supervisor granting approval ## Footnote This should also be included in all subsequent reports.

Question 27

What must be completed in the DOA report?

Answer 27

List the probable cause for all charges. Include Elements of arrest of the crime and actions of defendant constituting the charge along with any event number pertinent to this arrest. ## Footnote This includes detailing the events surrounding the arrest and the actions of the defendant.

Question 28

What must be provided to the Detention booking officials before leaving the detention facility?

Answer 28

The TCR and the DOA ## Footnote The DOA must be typed for all felony and gross misdemeanor offenses.

Question 29

What must the officer/detective do upon completion of the DOA?

Answer 29

Electronically submit the completed DOA via the 'Submit' button on the word document template.

Question 30

Where will the completed DOA be routed after submission?

Answer 30

To OnBase and placed in the CCDC Records folder as well as the bureau/area command’s folder for review.

Question 31

What will CCDC Records do with the completed DOA?

Answer 31

Include it in the AR Package prior to forwarding to the District Attorney’s Office (DA).

Question 32

Is supervisor approval required prior to CCDC Records submission?

Answer 32

No, supervisor approval is not required.

Question 33

What must officers complete for reports connected to the arrest?

Answer 33

All other reports connected to the arrest (i.e., property report, etc.)

Question 34

What form must be completed for felonies and gross misdemeanors?

Answer 34

An LVMPD 124. (Case Screening)

Question 35

What should be attached to the DOA for felonies and gross misdemeanors?

Answer 35

The LVMPD 124 with all handwritten connecting reports attached.

Question 36

What is the AR Package?

Answer 36

The collection of the DOA and the LVMPD 124 with attached reports.

Question 37

Are local warrant arrests required to complete an LVMPD 124?

Answer 37

No, local warrant arrests will not require completion of an LVMPD 124.

Question 38

When should the officer contact their supervisor for review of the AR Package?

Answer 38

As soon as practical, preferably during the work shift.

Question 39

When must reports be turned in to the supervisor?

Answer 39

No later than the end of the shift.

Question 40

Who reviews the AR Package in the absence of the officer’s immediate supervisor?

Answer 40

The shift lieutenant.

Question 41

If the shift lieutenant is not available, who reviews the AR Package?

Answer 41

Any available Community Policing, Tourist Safety, or Investigative Services Division supervisor. (as appropriate to the officers chain of command. )

Question 42

What are the four key aspects a supervisor must review in the DOA?

Answer 42

1. Sufficient justification for multiple charges on felony or gross misdemeanor arrests 2. Sufficient probable cause 3. Adequate articulation of the actions of the defendant constituting the charge. Each element must be clearly stated and supported by facts 4. Quality of the report

Question 43

What is the purpose of reviewing the LVMPD 124 for felony and gross misdemeanor arrests?

Answer 43

To ensure completeness, attach it to the top of the AR Package, and complete the lower portion

Question 44

What must be determined regarding reports connected to the arrest?

Answer 44

All reports must be submitted and/or completed and fastened together.

Question 45

What action should be taken if a felony or gross misdemeanor arrest meets all requirements?

Answer 45

Mark 'approved' and sign the LVMPD 124

Question 46

What should happen to all other reports not related to the felony or gross misdemeanor arrest?

Answer 46

They should be forwarded to their respective scan personnel or the Records and Fingerprint Bureau if none exist

Question 47

Under which circumstances should an arrestee not be released from custody to medical personnel?

Answer 47

If the following charges are applicable: * Crime(s) against an officer * Domestic violence or driving on a DUI revoked license or any charge mandated by statute * Any violent crime against person with significant injury * Any violent crime involving the use of a deadly weapon * Sexual Assault * Kidnapping

Question 48

What must a supervisor determine when contacted by an arresting officer about releasing an arrestee to medical personnel?

Answer 48

If it is in the best interest of the arrestee and the department to allow the officer to release the arrestee to medical personnel

Question 49

What options may be considered instead of releasing an arrestee to medical personnel?

Answer 49

Issuing a citation or submitting for a warrant at a later time

Question 50

What is the role of the Transporting Officer in a Citizen Arrest?

Answer 50

Assist citizen in completing a handwritten Declaration of Citizen’s Arrest for misdemeanor arrests only and ensures the citizen signs the Declaration. ## Footnote The specific form used is LVMPD 16.

Question 51

What should be done with completed and notarized Declarations, Complaints, and Crime Reports?

Answer 51

Forward all completed and notarized documents to respective scan personnel or the Records and Fingerprint Bureau if none exists ## Footnote This ensures proper documentation and record-keeping.

Question 52

What types of cases will the Detective receive?

Answer 52

Felony and gross misdemeanor cases and will review for completeness.

Question 53

What form does the Detective prepare for the District Attorney?

Answer 53

Criminal Complaint Request Form listing all viable charges, both CLV and Clark County

Question 54

Within how many working days must the Detective submit the case to the DA?

Answer 54

Five working days