Arresting people when they don't have any warrants Flashcards
When WILL officers make an arrest without a warrant?
All felony and misdemeanor Batt - DV
Traffic offenses:
DUI
Felony hit and run
Homicide by vehicle
Protective order violations
When MAY officers make an arrest (6)?
Crimes committed in the officer’s presence.
Felonies or GM’s not committed in officer’s presence when PC EXISTS.
Anyone who an officer has PC to believe is ABOUT to commit a felony crime.
Juvenile misdemeanors NOT committed in the officer’s presence.
Traffic offenses other than DUI.
Battery between siblings, cousins, or current roommates.
When determining which discretion to use on battery calls, officer will consider:
Severity of offense
Whether this is the first time officers have responded to the location.
One or both parties is in a violent or agitated state, and officers believe things will escalate if at least one party is not removed.
One or both of the parties wants to press charges and complete a citizen’s arrest.
Can an officer search an arrestee’s property when the arrestee wishes to release the property to a third party on scene?
Not without consent or an articulated and compelling need to do so.
What are compelling needs for an officer to search an arrestee’s property before transferring it to a third party?
Situations where the third party may become armed.
Arrestee is unidentified and the property may contain their identification.
Property contains needed medications.
If a third party refuses to take possession of an arrestee’s property, what will the officer do?
Inventory search
When property is released to a third party, which form must be completed?
Property Report - signed by the third party.
If an arrestee wishes to release more than $100 to a third party, or if the non-currency items to be released appear to be valued over $250, what will the officer do?
Request the presence of a supervisor. Supervisor will sign the Property Report prior to arrestee being transported.
