Arrest Procedures Flashcards
PURPOSE: To establish procedures for effecting arrests with or without a warrant. SCOPE: This Standard Operating Procedure (SOP) applies to all employees of the Department. POLICY: It is the policy of the Department that arrests will be made in compliance with the United States (US) Constitution, the State of Florida Constitution, Florida Statutes (FS), Miami-Dade County ordinances, City of Miami Beach ordinances and this SOP.
1
Q
ARREST CAPIAS
A
An order of arrest signed by the Clerk of the Court upon the order of a judge or when the State Attorney’s Office (SAO) has filed an information
2
Q
ARREST WARRANT
A
An order of arrest signed by a judge
3
Q
COMPENSATORY DAMAGES
A
Questioning, likely to elicit incriminating responses,
initiated by law enforcement officers after a person is taken into custody or otherwise deprived of his or her freedom in any significant way.
4
Q
EXIGENT CIRCUMSTANCES
A
Circumstances that are of such urgency as to justify a
warrantless entry, search, or seizure by police when a warrant would ordinarily be
required; circumstances that would cause a reasonable person to believe that entry or other relevant prompt action was necessary to prevent physical harm to the officers or other persons, the destruction of relevant evidence, the escape of the suspect, or some other consequence improperly frustrating legitimate law enforcement efforts
5
Q
FOREIGN NATIONAL
A
A person, who was born outside the jurisdiction of the US, is a citizen of a foreign country and has not become a naturalized US citizen under US law.
6
Q
FRESH PURSUIT
A
The immediate and continuous pursuit by officers of a person, who has committed a felony, is reasonably suspected of committing a felony, committed a misdemeanor, violated a county or municipal ordinance or a violation of FS Chapter 316 and is fleeing to avoid arrest. Under common law officers have the right to cross
jurisdictional lines in order to make an arrest
7
Q
JUVENILE ASSESSMENT CENTER (JAC)
A
The location for the delivery of juvenile arrestees
8
Q
MASS ARREST HOLDING
A
A secured area within the police headquarters parking garage used for prisoner overflow during major events, incidents and/or mass arrests.
9
Q
PUNITIVE DAMAGES
A
Money awarded to a victim that is intended to punish a subject and stop the person or business from repeating the conduct that caused the award, and to deter others from similar conduct.
10
Q
TURNER GUILFORD KNIGHT (TGK
A
The primary location for the delivery of adult arrestees
11
Q
There are two types of arrest
A
- Arrest without a warrant; and
2. Arrest with a warrant.
12
Q
All arrests will be based on _______ that the crime occurred and that the subject was the perpetrator of the named crime.
A
probable cause
13
Q
Case law defines probable cause as
A
reasonable ground of
suspicion, supported by circumstances sufficiently strong in themselves to warrant a cautious man in believing the accused
man to be guilty. Bryant v. State,
14
Q
The source of the probable cause may be
A
a. Evidence gathered from the subject, the scene of the arrest, informants or other sources;
b. The particular events preceding the arrest;
c. The experience, training of the arresting officer and his/her analysis of the situation.
15
Q
A finding by a judge
that there was a lack of probable cause for the arrest can result in any of
the following
A
- Dismissal of the charge;
- Suppression of any evidence found incident to the arrest;
- Civil suit for damages against the officer, Department and/or City;
- Criminal charges against the officer
16
Q
Persons under arrest and who are subjected to custodial interrogation will be advised of their constitutional rights
A
Miranda Rights, including their right to have an attorney present during questioning
17
Q
Discretion is the authority to make decisions within legal boundaries using personal judgment. Use of discretion will be guided and framed by law, policies, rules, procedures, Department objectives, training and
supervision.
A
With the exception of felonies, domestic violence and driving under the influence offenses where a person must be physically arrested and incarcerated, officers are encouraged to use their discretionary authority and available alternatives.
18
Q
The decision to make an arrest will be made after careful Consideration of the following:
A
a. The seriousness of the crime committed;
b. Whether making an immediate arrest would imperil public safety;
c. Whether public empathy may be enhanced and potential ill will avoided through the careful exercise of discretionary authority.
19
Q
Officers have discretion to issue a Promise to Appear (PTA) in lieu of a
physical arrest and incarceration when:
A
- The subject is a resident of Miami-Dade, Broward County or Palm Beach County and;
- The offense is a misdemeanor that is minor in nature.
20
Q
Prior to releasing a subject pursuant to a PTA officers will
A
- Obtain photo-identification depicting the subject and listing a physical address within Miami-Dade County, Broward County or Palm Beach County
- Ensure that all required information is supplied in the
Complaint/Arrest Affidavit form; - Obtain the subject’s signature on the Complaint/Arrest Affidavit
form. A subject who has been properly identified but refuses to sign or provide sufficient information for a PTA will be arrested and transported to the TGK - Obtain the subject’s thumbprint on the white and yellow Miami-Dade Police Department (MDPD) record copy of the Complaint/Arrest Affidavit form
21
Q
When a driver is cited for a traffic infraction and does not have
his/her Driver’s License in his/her possession, FS 322.15 requires
an officer to obtain the driver’s thumbprint on the citation in the box
located on the back of the citation’s white page. A driver who
refuses to provide a thumbprint may
A
be arrested under
FS 843.02, resisting an officer without violence.
22
Q
Juveniles will not be issued a PTA. All juveniles will be transported……
A
to the Juvenile Assessment Center (JAC) to be photographed, printed and released from there
23
Q
Pursuant to City Ordinance 70-1(c)(1) and City Ordinance 70-1(c)(2), officers are expected to issue a civil citation in lieu of physical arrest for possession of cannabis in an amount of
A
20 grams or less, as set forth in section 893.1
24
Q
Pursuant to City Ordinance 70-1(c)(1) and City Ordinance 70-1(c)(2), officers are expected to issue a civil citation in lieu of physical arrest for possession of cannabis in an amount of 20 grams or less, as set forth in section 893.13(6)(b) of the Florida Statutes and/or possession of cannabis drug paraphernalia, as set forth in sections 893.146 and 893.147(1)(b) of the Florida Statutes,
A
a felony, driving under the influence, domestic violence incident, violent crime or other misdemeanor criminal offense to include but not limited to trespass after warning, criminal mischief, or defrauding an innkeeper;
- Such violations involve the open or public consumption of cannabis;
- Such violations involve the driver and/or any occupant of a motor vehicle;
- Such violations involve indicia of intent to sell cannabis such as statements against interest, multiple bagged quantities and/or large amounts of cash, other observed conduct consistent with sale of and intent to sell;
- Such violations involve an individual who is currently on probation or parole;
- Such violations involve an individual who is out of custody on a pending criminal court case to include but not limited to out on bond, released on his/her own recognizance, electronic monitoring;
- Such violations involve a juvenile, a person under the age of 18 years of age. Juveniles found in possession of cannabis, Regardless of amount, will be arrested and taken to the county juvenile Assessment Center. Refer to SOP #112 - Juvenile Offenders/Victims for additional guidance
25
Arrest Without a Warrant
The decision to make a warrantless arrest will be guided by the factual situation involved and the officer’s probable cause.
26
A person may be arrested without a warrant
That person has committed a felony, misdemeanor or a criminal violation of Miami-Dade County or CMB ordinance in the presence of an officer. An arrest for the commission of a misdemeanor or the criminal violation of a municipal or county ordinance will be made immediately or in fresh pursuit.
2. The officer has probable cause to believe that a felony has been original is being committed and the person to be arrested is the perpetrator of the crime;
3. The officer has knowledge that an arrest warrant has been issued, but another officer or agency is holding the warrant for execution;
4. The officer has probable cause to believe that a person committed a misdemeanor and the misdemeanor is listed as a statutory exception to the in-presence requirement. Refer to the Florida Law Enforcement Handbook, Legal Guidelines section, under Warrantless Arrest for a listing of statutory exceptions;
5. An officer may make a probable cause arrest based on a Complaint/Arrest Affidavit form which was completed by another Department officer and is on file at the Headquarters Building pending application for an arrest warrant. When such an arrest is made, it will be the responsibility of the arresting officer to notify the officer who completed the Complaint/Arrest Affidavit form prior to the end of his/her shift so that the case is filed in a timely manner and the warrant application terminated
27
An officer may detain a person on a request from another law
enforcement agency only if probable cause exists and the
information is confirmed via teletype;
a. If probable cause does not exist, it will be treated as an
attempt to locate;
b. The originating agency will be notified of the location where the person is being detained and a request will be made for that agency to respond to that location;
c. If it is not possible for that agency to respond, the officer will gather as much information as possible, forward the information to the originating agency and release the subject.
28
Information may come to light subsequent to the arrest that affects the probable cause determination. Officers will, upon making a determination that probable cause for an arrest no longer exists:
a. Notify his/her supervisor of the circumstances regarding the detention;
b. Release the person with an explanation for the detention,
return him/her to the location where he/she was originally
detained and make arrangements to retrieve any vehicle or property that may have been impounded and/or towed; and
c. Prepare a Case Report detailing the circumstances of the detention and release.
29
Arrest with a Warrant
A. Pursuant to FS 901.04, all arrest warrants are directed to and executed by
the MDPD.
B. Pursuant to FS 901.15, officers may arrest a person when an arrest
warrant or arrest capias has been issued and is being held by another
officer or agency for execution.
C. When requested, officers will assist law enforcement officers and court
officers from other jurisdictions with serving and executing criminal
process within the City.
D. Whenever practicable, officers will check all arrested persons for arrest
warrants.
30
If a computer check reveals a warrant, the arresting officer will
verify the warrant via the Public Safety Communications Division
(PSCD) and confirm that the person in custody is the person named in the warrant
a. If the warrant was issued in Miami-Dade County the officer
will arrest the subject.
b. If the warrant was issued by an agency outside Miami-Dade County the officer will contact the Miami-Dade PoliceDepartment (MDPD) Warrant Section and determine whether the issuing agency is willing to extradite.
31
If the issuing agency is willing to extradite, the officer
| will:
a) Transport the arrested person, to the MDPD
Warrant Section to obtain the completed
Complaint/Arrest Affidavit form;
b) Transport the arrested person to the TGK to
await extradition.
32
If the warrant does not authorize extradition the officer will:
release the subject unless there are local charges.
The circumstances will be documented on a Case
Report.
33
Should a suspect detained as a result of a warrant arrest claim
mistaken identity, the arresting officer will contact the ––––– and delay booking until positive identification is established
MDPD Fingerprint Identification Section
34
If the suspect is not the person named in the warrant, the
| Officer will:
1) Notify his/her supervisor of the circumstances regarding the detention;
2) Release the person with an explanation for the detention, return him/her to the location where he/she was originally detained and make arrangements to retrieve any vehicle or property that may have been impounded and/or towed; and
3) Prepare a Case Report form detailing the
circumstances of the detention and release
35
An officer making an arrest by warrant will inform the person to be arrested of the cause of arrest and that a warrant has been issued, except when:
a. The subject flees or forcibly resists before the officer informs him/her;
b. Giving the information would imperil the arrest
36
Arrest warrants are executed by ---------- only.
sworn law enforcement officers
37
All arrest warrants issued in Miami-Dade County, including those for this Department, are entered into and cancelled from the ------- computer by the MDPD Warrants Section
```
Criminal Justice
Information System (CJIS)
```
38
All arrest warrants are entered into the CJIS with the following information:
1. Subject’s name; [74.1.1e]
2. Subject’s date of birth, gender and race;
3. Subject’s addresses, social security number, physical description, if
available;
4. Warrant number, date of issue, bond, judge’s name and the charge;
and [74.1.1a,g,h]
5. Originating agency.
39
When a subject is arrested on a warrant:
1. The original case number will be used when the warrant was
originated by this Department; and
2. A new case number will be obtained if the warrant was originated
by another agency;
368
3. Warrants for failure to appear, contempt of court and violation of
probation are not Department originated even though the
Department is listed as the originating agency on the printout.
40
Officers who obtain an arrest warrant and effect the arrest will follow listed
guidelines:
1. Complete the Complaint/Arrest Affidavit form;
2. Complete a Case Supplemental Report form; and
3. Provide the Records Unit with copies of all reports completed
41
Arrests of Foreign
Consular notification and access [1.1.4]
1. The United States (US) has International treaty obligations which
mandate that foreign nationals who are arrested or detained be
advised of their right to consult with their embassy, consulate or
interest section.
2. For purposes of consular notification, a foreign national is defined
as any person who is not a US citizen. This includes resident
aliens and foreign nationals illegally in the US
42
When a foreignnational is arrested, officers will take the following steps:
a. Determine the foreign national’s country. Absent other identification, the passport or other travel document under which the person is traveling will determine his/her country;
b. If the foreign national is from one of the countries with which the US has a bilateral agreement requiring mandatory notification, the officer will immediately notify the arrestee’s embassy, consulate or interest section, even if the arrestee requests not to do so; and
c. If the foreign national is from a country which does not require mandatory notification, the officer will offer to notify the arrestee’s embassy, consulate or interest section.
43
Officers will attempt to notify the embassy, consulate or interest section by telephone. The ------ will maintain a list of embassies, consulates, interest sections and Department of State telephone
numbers.
PSCD
44
If an electronic messaging system answers or no direct
contact is made, the arresting officer willIf an electronic messaging system answers or no direct
contact is made, the arresting officer will:
1) Fax a copy of the Complaint/Arrest Affidavit form to the embassy, consulate or interest section together
with a completed Consulate Notification of Arrest or
Detention form cover page (Form #074);
2) Attach the fax confirmation report to the Records
Unit’s copy of the Complaint/Arrest Affidavit form;
3) Request assistance locating the consul or interest
section from the US Department of State, Bureau of Diplomatic Security Command Center.
45
If an electronic messaging system answers, the arresting
| officer will leave a message with the following
1) Name and title of the foreign national arrested;
2) Date of the arrest;
3) Name of agency and case number;
4) Name of the arresting officer and contact information.
The following information will be documented on the
Complaint/Arrest Affidavit and/or Case Report forms
as applicable:
a) Name of embassy, consulate or interest
section contacted;
b) Name and title of the person contacted.
46
Officers who arrest or detain a foreign national who is later
transferred to the custody of another local, state or federal agency,
will document the Complaint/Arrest Affidavit form with
a. The receiving person’s name, agency, ID number, date, and
the transfer time; and
b. A clear statement of which embassy, consular or interest
section notification actions have been accomplished and
which remain pending at the time of transfer.
47
Consular officers are subject to local laws and regulations
| governing access to persons under arrest.
a. Department SOPs do not permit access to detainees.
b. Visitation/consultation with embassy, consular or interest
section representatives may take place following booking at
the Miami-Dade County jail.
48
Employees will refer to the --------- website for a current list of mandatory notification countries
US Department of Stat
49
The legal status of foreign nationals in the US will be determined by the appropriate federal authorities. Except for those with diplomatic or consular immunity, foreign nationals are subject to --------.
arrest for violations of state law, county and City ordinances;
50
foreign nationals are subject to arrest for
| violations of state law, county and City ordinances
a. Officers will notify U.S. Immigration and Customs
Enforcement (ICE) if they encounter a person in apparent
violation of the US Immigration Laws.
b. If directed by federal authorities, the person will be detained
pending arrival of a federal official to affect an arrest.
51
General Procedures - Diplomatic and Consular Officers
Diplomatic and consular officers will be accorded their respective privileges, rights and immunities as directed by international law and federal statutes. These officials will be treated with the courtesy and respect.
52
The following procedures will be followed when an officer is called to the scene of a criminal incident involving a person who claims diplomatic or consular immunity
a. The officer detaining the suspect will immediately notify the PSCD and an on-duty supervisor of the incident;
b. A supervisor will immediately respond to the scene;
c. The officer and supervisor will verify the suspect’s status;
53
Should the person be unable to produce satisfactory
identification and the situation is one that would normally warrant arrest or detention, the officer will inform the suspect that he or she will be detained until his or her identity can be -------
confirmed.
54
In all cases, including those in which the suspect provides a --------, the officer will verify the status with the Department of State or, in the case of the UnitedNations (UN) Community, with the mission to the UN.
U.S. Department of State issued identification card
55
Once the suspect’s status is verified, the officer will
prepare a Case Report form, fully describing the
incident details and circumstances;
a) If the suspect is entitled to immunity, he or she
may not be handcuffed, except when that
individual poses an immediate threat to safety,
and may not be arrested or further detained
unnecessarily.
b) Once all pertinent information is obtained, the
suspect must be released
56
A copy of the ------- will be faxed or mailed as soon
as possible to the U.S. Department of State in Washington, D.C. or to the U.S. Mission to the UN in New York in cases involving the UN community.
Case Report
57
Arrest of diplomatic and consular officials
1. International law requires that law enforcement authorities of the
US extend certain privileges and immunities to members of foreign
diplomatic missions and consular posts.
2. The purpose of these privileges and immunities is not to benefit
individuals but to ensure the efficient and effective performance of
their official missions on behalf of their governments.
3. Most of these privileges and immunities are not absolute, and law
enforcement officers retain their fundamental responsibility to
protect and police the orderly conduct of persons in the US.
58
4. Reasonable constraints may be applied in emergency
| Circumstances involving the following:
a. Self-defense;
b. Public safety;
c. Prevention of serious criminal acts
59
Categories of persons entitled to privileges and immunities are:
a. Diplomatic Agent - Ambassadors and other diplomatic officers who generally have the function of dealing directly with the host country officials.
1) This category enjoys the highest degree of immunity.
2) They may not be handcuffed except in extraordinary
circumstances, arrested or detained.
3) Their property, including vehicles and residences,
may not be entered or searched.
4) They are immune from the obligation to provide
evidence as witnesses and cannot be required to
testify, even if they have been the victim of a crime.
5) Immunity extends to family members of the diplomatic
agent’s household.
60
Administrative and Technical Staff - Perform tasks critical to
the inner workings of the embassy
1) This category enjoys the highest degree of immunity.
2) They may not be handcuffed except in extraordinary circumstances, arrested or detained;
3) Their property, including vehicles and residences,
may not be entered or searched.
4) Immunity extends to the family members of the
administrative and technical staff’s household.
61
Consular Service Staff - Perform less critical support tasks for an embassy.
1) They have only official acts or functional immunity.
Whether a given set of circumstances constitutes an
official act may only be determined by a court having
subject matter jurisdiction over the alleged crime.
2) They may be handcuffed, detained and arrested.
3) Their property, including vehicles and residences,
may be entered and searched.
4) Family members have no immunity of any kind.
62
Consular Officers - Members of embassy posts who are
Recognized by both the sending and the host country as fully authorized to perform the broad array of formal consular functions.
1) They have only official acts or functional immunity.
Whether a given set of circumstances constitutes an
official act may only be determined by a court having
subject matter jurisdiction over the alleged crime.
2) They may be handcuffed, detained and arrested only
if the offense is a felony and the arrest is made
pursuant to a decision by a competent judicial
authority.
3) Their property, including vehicles and residences,
may be entered and searched.
4) They are not obliged to provide evidence as
witnesses in connection with matters involving their
official duties or to produce official documents.
5) Family members have no immunity of any kind.
63
Traffic Enforcement - Diplomatic Agents, Administrative and Technical
Staff, Service Staff and Consular Officers
1. Diplomatic Agents, Administrative and Technical Staff
Stopping a diplomatic agent, administrative or technical staff, or
their dependents and issuing a traffic citation for a moving violation
is permitted and does not constitute arrest or detention. However,
they may not be compelled to sign the citation.
2. Service Staff and Consular Officers
Service staff, consular officers and their dependents may be
stopped and issued a traffic citation for a moving violation. They
may be compelled to sign the citation.
3. Driving While Intoxicated (DWI), Driving Under the Influence (DUI)
and Traffic Crash Investigations
64
Driving While Intoxicated (DWI), Driving Under the Influence (DUI)
and Traffic Crash Investigations
a. Officers will follow Department guidelines with respect to traffic crash investigations;
b. Officers will follow Department guidelines with respect to field sobriety investigations
c. Impaired drivers, including those entitled to diplomatic
immunity, will not be permitted to continue to drive
d. Officers will immediately notify an on-duty supervisor of any DWI, DUI or traffic crash involving diplomatic or consulate personnel
e. The supervisor will immediately respond to the scene.
f. A copy of the citation and any other documentation
regarding a traffic enforcement incident will be forwarded by the issuing officer to the U.S. Department of State as soon
as possible.
65
Special Circumstance Arrest
A. Juvenile arrests
Officers who detain or arrest a juvenile will refer to SOP Juveniles
for specific procedures.
B. Arrest of government employees
1. Officers will immediately notify a supervisor upon the arrest of any person known or identifying themselves to be a Miami-Dade County, local municipal official or employee, or a U.S. Government or State of Florida law enforcement officer.
2. The Chief of Police will be notified of such arrest
66
Arresting persons with disabilities.
1. A person with a disability is defined as a person who has or is regarded to have a physical or mental impairment that substantially limits one or more major life activities or has a history of a disability.
This includes any person who provides care for a person with a disability.
2. Officers who detain, restrain or arrest a person with disabilities will refer to SOP #049 - Americans with Disabilities Act (ADA) for
specific procedure
67
Mass Arrests
Normal processing and reporting procedures for arrests will be used
unless an emergency situation or critical incident exists where the volume
of detainees and/or the incident circumstances make the normal process
impractical. When the volume of arrests or anticipated arrests is too great
for the use of normal procedures, the Patrol Shift Commander will initiate
mass arrest procedures
68
Mass Arrests Processing and reporting procedures
1. Arrest and transport officers will conduct a thorough search of detainees before the detainee is transported. Officers will secure any evidence and/or contraband and a Property Receipt form will be completed, if applicable. Receipts for detainee’s personal property will be completed at the detention facility.
2. All Case Reports will be completed as time and circumstances permit,
but no later than the officer’s tour of duty pursuant to SOP
69
Detention and security of prisoners will conform to the procedures
set forth in SOP #013 - Detainees - Processing, Transporting and
Holding Areas. When mass arrests occur, the following procedures
will be incorporated:
a. Detainees will be secured with flex-cuffs and tagged with the
arresting officer's ID number and case number. Detainees will
remain handcuffed until they are ready for processing;
b. For sanitation and security reasons, no more than five
prisoners will be placed in any one cell at a time, unless
exigent circumstances exist and upon authorization of the
Shift Commander;
c. Only one detainee will be processed at a time in the
processing area;
d. At least one officer will remain in the processing area at all
times. Additional officers will be assigned by the Shift
Commander as security needs dictate;
70
When the Department’s processing and/or holding area is near or at the maximum capacity arrangements will be made to use other detention areas and resources. These arrangements will include, but are not limited to:
1) The Mass Arrest Holding Area (MAHA);
2) Contact the Miami-Dade Department of Corrections
and Rehabilitation for immediate and mass transport of current detainees;
3) Contact adjacent jurisdictions for use of their detainee holding areas;
4) Use of other City property or other areas for which
adequate security can be supplied;
5) When the MAHA or other areas not normally used are
activated detainee needs will be met by the use of
portable sanitation units and drinking water will be
made available.
71
Transportation of prisoners
1. The transportation of detainees will conform to the procedures set
forth in SOP #013 - Detainees - Processing, Transporting and
Holding Areas, unless the number of detainees makes this impractical.
In those situations, the following alternatives will be considered at the
discretion of the Patrol Division Commander or his designee:
72
In those situations, the following alternatives will be considered at the
discretion of the Patrol Division Commander or his designee
a. The use of other law enforcement agencies detainee transport vehicles;
b. The use of Miami-Dade Department of Corrections and Rehabilitation detainee transport vehicles
73
Medical treatment for arrestee's
1. Any medical attention required by prisoners will conform to procedures set forth in the Detainees,Processing,Transporting and Holding Areas.
2. If an officer, detainee or other person becomes sick or injured and
is in need of immediate medical attention, a Fire Rescue Unit (FRU)
will be requested via the PSCD.
3. If the environment is hostile or treatment on the scene is a safety hazard, the sick or injured person will be moved, if possible, to
another location prior to receiving treatment.
74
Inter-agency cooperation
The controlling documents concerning inter-agency cooperation will be
FS 23.1225, - Mutual Aid Agreements; SOP #046 - Mutual Aid Agreements and Concurrent Jurisdiction; and any Inter-Agency
Memorandum of Understanding (MOU
75
The -------- or designee, will act
as the Department's liaison with other government law enforcement
agencies to resolve any conflicts arising from the mass arrests situation
Criminal Investigations Division (CID) Commander
76
The ----- will provide information to the Incident Commander, the
Chief of Police and designee
PIO
77
An officer cannot file a misdemeanor charge directly unless the crime
occurred in Miami-Dade County and:
1. The officer is the victim;
2. The misdemeanor is one of the exceptions under Florida Statutes;
3. An officer observed the misdemeanor
78
An officer may file a felony charge with the ______
State Attorney’s Office (SAO)
79
All warrants issued in Miami-Dade County are issued by the Eleventh Judicial Circuit Court, directed to and executed by the MDPD, pursuant to FS 901.04. An officer will file for an arrest warrant or Capias in the
following manner:
1. Contact the Intake Section of the SAO for an appointment. In Exceptional circumstances or emergencies, the SAO may accept the affidavit on a walk-in basis.
80
Documents that must be submitted to the SAO when filing for a
warrant, include:
a. All reports, including any report written by other officers, all supplement reports and, if applicable, any accident reports;
b. Line-up, if applicable;
c. Copy of sworn recorded statements from witnesses, victims and/or subjects, if applicable;
d. Criminal Justice Information System (CJIS) criminal history
printout for the subject of the warrant.
81
When officers obtain a warrant; they will complete a supplemental report
which will contain the following information
1. The date the filing was initiated;
2. The charges that were filed;
3. The name, date of birth, race and gender of the subject;
4. How the filing was completed;
5. Any additional information obtained by the officer that will aid inlocating and/or identifying the subject.
82
E. If the case is rejected by the SAO and an arrest or Capias warrant is not issued, the filing officer will report this information in a supplemental
report.
F. If an officer makes an arrest of the subject prior to the warrant being
entered in CJIS, the officer making the arrest will immediately contact the
Intake Section of the SAO, notifying them of the following:
1. Name of the person who was arrested;
2. Date of filing for the arrest or Capias warrant;
3. Name of the officer who filed for the arrest or Capias warrant;
4. Name of the Assistant State Attorney (ASA) with whom the information was filed.
83
If an arrest warrant is obtained by this Department a copy will be forwarded to the --------- for retention.
Records Management Section
