Download Arrest Procedures and Legal Immunities: A Guide for Law Enforcement and more Exams Advanced Education in PDF only on Docsity!
ARREST
Purpose of the Policy - answer The purpose of this order is to establish policy and procedure concerning arrests Law enforcement is directed toward those who engage in what - answer unlawful activity or interfere with the rights and personal safety of others When the offense is minor, or in violation of a regulatory measure and lacks a specific victim, the police mission can sometimes be accomplished by a what or by issuance of a what in lieu of physical arrest. - answer courteous warning issuance of a citation Capias - answer A capias is an order for the arrest of a defendant that is obtained after a case is formally filed by the State Attorney's Office (SAO). The issuance of a capias by a judge means that the complete filing decision has been made and information or an indictment is filed with the Clerk of the Court. Arrest Warrant: - answer An arrest warrant is issued by a judge upon probable cause,no case has been filed) and is generally used when an immediate arrest by warrant is required. An arrest warrant is different from a capias in that upon issuance of an arrest warrant, the filing decision has not been made and information has not been filed. Misdemeanor Summons: - answer A misdemeanor summons is issued by the SAO and commands an "at large" defendant to appear in court to face misdemeanor or ordinance violation charges resulting from information filed by the SAO. Service of a misdemeanor summons is not an arrest and the defendant is not incarcerated. Notice to Appear Citation NTA): - answer This citation, also referred to as a Misdemeanor Citation, may be used by police officers for a field release of eligible violators or by corrections officers for violators who meet specific criteria after physical arrest. Issuance of a NTA does constitute an arrest. Field Release: - answer A "Field Release" shall be a procedure whereby an eligible violator is immediately released upon the officer completing the NTA and the violator signing such citation.
Physical Arrest: - answer The Physical Arrest" shall be that procedure whereby the officer takes the violator into custody and transports him to the Pretrial Detention Facility (PDF) for the purpose of booking him into the PDF Writ of Attachment: - answer A writ of bodily attachment is an order by the court commanding a sheriff or other official to physically bring before the court a person who is found guilty of contempt of court. The United States (U.S.) Department of State issues identification documents to foreign government personnel (Foreign Diplomatic Officers, or Consular Officers, their families, official staff, and servants) who are entitled to immunity per the - answer Vienna Convention on Consular Relations (VCCR) and related treaties created with different countries. Blue-bordered Department of State identification cards are issued to - answer diplomatic officers, UN diplomatic officers, and their families. They are entitled to full criminal immunity and may not be arrested or detained; Green-bordered Department of State identification cards are issued to - answer embassy administrative and technical staff employees. The bearers of these cards are entitled to full criminal immunity; Green-bordered Department of State identification cards that are issued to embassy service staff employees. - answer This card entitles the bearer to immunity for official acts only; Red-bordered Department of State identification cards are issued to - answer career consular officers, career consular employees, and honorary consular officers. This card entitles the bearer to immunity for official acts only; and Red-bordered Department of State identification cards are issued to consular officers, employees, and their families from countries with which the U.S. has special agreements - answer They are entitled to full criminal immunity and may not be arrested or detained. Any of the above individuals may be issued a what per the VCCR, however, they may not be arrested for any traffic violation - answer traffic citation Questions regarding a person's status or immunity, including claims a crime was committed pursuant to an "official act" should be directed to the - answer Bureau of Consular Affairs during working hours at (202) 624-4415 and to the State Department Operations Center after hours at (202) 647-1512. Detailed information may be found on the Internet at http://travel.state.gov/law/ under "Consular Notification and Access." U.S. Senators and U.S. Representatives shall in all cases, except "what," "what," and "what," be privileged from arrest during their attendance at the session of their
answer 1. This rule does not alter the general rule that an officer may arrest a person for a misdemeanor that takes place in his presence.
- However, it is the general policy of the Sheriff's Office to use the NTA in lieu of a physical arrest whenever the violator meets the eligibility requirements, unless unusual circumstances exist Only sworn law enforcement officers will execute what - answer arrest warrants. Any officer or detective investigating an incident in Duval County with pursuant investigation leading him to a suspect in Clay County or Nassau County shall follow the "Cops Without Borders" procedures: - answer 1. A Jacksonville Sheriff's Office (JSO) officer who locates a suspect(s) in Clay County or Nassau County who has an outstanding Duval County arrest warrant or capias shall contact the Clay County Sheriff's Office (CCSO) or the Nassau County Sheriff's Office (NCSO) via the JSO Communications Center Investigations Dispatcher) and notify CCSO/NCSO of the situation. After notification has been made, JSO officers shall immediately be empowered to arrest the suspect, and to take other appropriate law enforcement action should a crime occur in their presence while they are so engaged;
- A JSO officer who has located in Clay County/Nassau County a suspect for whom the officer has, or develops) probable cause to arrest for a serious, violent felony shall adhere to the following procedure: a. Notify the CCSO/NCSO Watch Commander of the situation, including the suspect's description and location, and the facts of the offense) via the JSO Communications Center b. The CCSO/NCSO Watch Commander shall then decide whether an immediate arrest is appropriate, based on the facts of the situation. The CCSO/NCSO Watch Commander's decision whether to authorize an immediate arrest by the JSO officer is final; c. If the CCSO/NCSO Watch Commander authorizes an immediate arrest, the JSO officer shall then be empowered to arrest the suspect and to take appropriate law enforcement action should a criminal offense occur in their presence while they are so engaged; and d. If the CCSO/NCSO Watch Commander does not authorize an immediate arrest, the JSO officer shall not arrest the suspect. In that case, the JSO officer shall return to Duval County and obtain an arrest warrant for the suspect. The arrest warrant can then be served following the warrant/capias arrest procedure above.
- After making an arrest in Clay County/Nassau County for a Duv Officers acting under this procedure shall notify who that they will be taking law enforcement action outside Duval County - answer JSO Police Supervisor
CCSO/NCSO Deputies making an arrest based on a Clay County/Nassau County warrant or capias in Duval County will follow a similar procedure, by notifying the JSO who - answer JSO Communications Center During all arrests, and the transportation of prisoners and/or other people, officers should take precautions to avoid contamination by - answer bloodborne pathogens and airborne pathogens General arrest procedures are as follows - answer 1. Officers affecting an arrest shall exercise sound judgment and use the utmost caution, distinguishing between foolhardiness and courage in making an arrest. When investigating suspicious persons, officers shall immediately summon assistance if the least doubt exists as to their safety or the safety of others;
- Officers shall not use unnecessary force or violence in making an arrest. Officers shall use only such force as is necessary to affect a lawful arrest, to prevent violence to another person, in self-defense, or to prevent an escape Officers affecting an arrest shall advise the arrestee(s) of his constitutional rights on all cases where the officer will investigate and interview the suspect(s). Legal Bulletin 10- 03 a. Suspects apprehended or arrested for cases where the Investigations Division has sole responsibility for follow-up shall not be read their constitutional rights nor questioned about the case, unless directed by a detective to do so. b. When a detective is called to interview a suspect, the detective will ensure that the suspect is read his constitutional rights. Additionally, all officers and detectives shall adhere to the following: (1) The fact that the arrestee has been advised of his constitutional rights shall be documented in all reports including the Arrest and Booking Report; (2) All statements related to the arrest charges or any other crime, including admissions, denials, alibis, and anything else that could assist in the prosecution of the case shall be documented in a report; (3) Arrestees should not be discouraged from talking about a case simply because it has been assigned to a detective, unsolicited statements shall be listed as direct quotes on a Supplemental Report or recorded on a hand held recorder, if available. Such statements or recordings shall be brought to the dete If multiple charges are listed on the Arrest and Booking Report, what charges must be listed before what charges. Failure to do so will result in a delay in the intake process at the PDF. - answer felony charges misdemeanor charges
Officers shall sign what as the arresting officer in the presence of a certified law enforcement or Corrections Officer. This applies regardless of the court for which the prisoner is held or the charge(s) placed against the person; - answer Arrest and Booking Report Officers will turn over any supporting documents (e.g., teletypes, warrant, or Warrant Served Notification) that accompany the electronic Arrest and Booking Report to who - answer Intake Control Officer at the PDF Officers who feel that arrestees have provided what should wait until positive identification has been verified before issuing any traffic citations. This will help avoid the necessity of voiding citations, correcting Department of Highway Safety and Motor Vehicles (DHSMV) records, and future problems associated with traffic citations issued in the wrong name - answer false identity Arresting officers will conduct what check of each arrestee via NCIC/Florida Crime Information Center (FCIC) and the eWarrants system to ensure there are no active warrants, injunctions for protection, etc. prior to placing the suspect in jail. If active warrants are found, they should be verified and served by the arresting officer at the time of arrest. - answer wanted persons Arrest of foreign nationals other than diplomats (see Article III. A. of this order) will be as follows - answer 1. All foreign nationals arrested or detained have the right under international law VCCR to contact and communicate with their country's consular officials (at either the embassy of that country in Washington, D.C. or at one of that country's consulates in Washington, D.C. or elsewhere in the U.S.);
- The VCCR and some international treaties obligate U.S. Law Enforcement: a. To inform the foreign national about his right to have their consular officials notified of their arrest or detention; b. If the foreign national wishes, to notify the appropriate consular officials of their arrest or detention; c. To notify the appropriate consular officials of every such arrest or detention, without regard to the foreign national's wishes. A list of countries which require notification of the arrest or detention of that country's citizens is listed under Appendix B; or d. The arresting officer should determine whether the foreign national requests notification or whether mandatory notification should be made prior to reaching the PDF. The VCCR requires notification be made without delay. If the foreign national will be detained for a lengthy period of time prior to being booked or released, the arresting officer should contact the PDF Watch Commander to make appropriate notifications.
- The arresting officer shall ensure that the PDF Watch Commander is informed of the arrest; and
- When the foreign national has been booked or absentee booked into the PDF, the PDF Watch Commander shall implement procedures for notification per the PDF Standard Operating Procedure. An officer handling a situation involving the possible arrest of an individual who is receiving or about to receive medical care in a local hospital or medical facility of any kind shall obtain the approval of either who or who, via the officer's chain of command, before making the arrest. Inmate hospitalization and emergency evaluation at UF Health is approved and covered under written agreement with the COJ. - answer Director of Patrol and Enforcement or the Director of Homeland Security and Investigations When a person is under arrest, but requires hospitalization or for some other reason cannot be physically booked at the time of arrest, the arrestee will be placed under guard supervision and be absentee booked or be given an NTA. - answer 1. An NTA will be issued (see Article IX. of this order) if the arrestee is charged with a misdemeanor and meets the eligibility requirements. When an NTA is not issued in these cases, an explanatory statement will be included in the narrative of the Arrest and Booking Report.
- Contract security guards will be placed on all arrestees who are not eligible to receive an NTA including arrest on Baker Act with criminal charges.
- When the arrestee requires the placement of a contract security guard, the arresting officer will notify the PDF Watch Commander so a guard can be furnished. The arresting officer will remain with the arrestee until relieved by the contract security guard.
- When relieved by the contract security guard service personnel, the arresting officer will note the time, the guard's name, and contact the PDF Watch Commander to forward this information.
- When an arrestee remains at the hospital under the supervision of a contract security guard, the arresting officer will: a. Notify the contract security guard when suspects have been arrested for the same incident, so that the suspects are kept separate; b. Complete the Arrest and Booking Report as if the arrestee was being transported directly to PDF; c. Place the arrestee's right thumb fingerprint on the Addendum to the Electronic Arrest Report Form (P-0302). Complete as much as possible of the Electronic Arrest and Booking Report; and d. Immediately deliver the Addendum to Electronic Arrest Report Form (P-0302) to the PDF.
- The PDF Watch Commanders will be responsible for obtaining the complete fingerprints of all arrestees admitted to a hospital and absentee booked Should an event involve civil unrest requiring the activation of who, and it appears that a large number of arrests are imminent; the Incident Command will refer to Operational
who will be contacted, otherwise a Burglary Detective will be contacted. - answer School Board Investigator In auto theft cases, a detective will be requested on ALL Auto Theft cases when the suspect(s) is: - answer 1. Arrested in connection with a chop shop operation
- Arrested where multiple stolen vehicles were located;
- Cooperative and has substantial information on additional auto thefts and/or suspects;
- In possession of a vehicle with an altered vehicle identification number; or
- Anytime a supervisor feels that an Auto Theft Detective would be beneficial to the case. Who must determine if there is a need for calling out a detective when an arrested suspect invokes his right to an attorney and refuses to be interviewed - answer Supervisors In the event a suspect that has been arrested for Auto Theft claims to have bought, borrowed, found, or been given the vehicle, officers will complete what and what and submit it along with all other paperwork at the time the case is filed with the SAO. - answer Auto Theft Arrest Questionnaire and Filing Supplement Form (P-0279) In cases involving counterfeit money and an arrest is made, the suspect should be interviewed by who prior to being booked into the Pretrial Detention Facility. Officers shall contact the U.S. Secret Service through the Investigative Dispatcher seven days a week, 24 hours a day). - answer U.S. Secret Service When a suspect is transported to the PMB for the purpose of being interviewed by a detective, the transporting officer may be requested to remain with the suspect for security reasons. Examples of situations which may dictate that the officer remains with the suspect include but are not limited to: - answer 1. An arrest involving multiple prisoners; or
- The arrest occurs on the evening or midnight shift, and the detective is alone in the office. Officers shall not place a suspect inside an interview room unless instructed to do so by a - answer Detective When a vehicle is impounded with a hold for investigations, who must approve the hold. The supervisor approving the hold is responsible for determining if a detective is needed at the scene. A hold will not be placed on a vehicle unless a detective is conducting a follow-up investigation of the offense, except in the case of Hit and Run or vehicle forfeiture - answer a supervisor eWarrants requirements for arrests are as follows: - answer From the Laptop home page select "eWarrants" and log onto the system using the assigned COPSMORE login. Under the Warrants "find warrants by section:"
a. Choose the mode of search from the dropdown menu and select "Go;" b. Complete all required fields and depending upon the type of search required, select "Extended Search" or "Exact Search;" c. Ensure the status field shows "Active;" d. When the officer has received the search results, he must select the defendant that matches the information entered; e. To view the case number, defendant's address, date of birth, etc., the officer must select "detail;" f. After contacting the Identification (ID) Unit to verify the warrant is valid, the ID Unit will select "Verify" in eWarrants with the following options: (1) Original (Notification not printed at the PDF), or (2) Electronic (Notification printed at the PDF). g. Once the warrant has been validated, refresh the screen or return to the detail page to serve the warrant h. To serve the warrant, the officer must click "Select" and choose "Serve Warrant;" i. The officer must choose his name from the dropdown list of Arresting Officers, and select "Serve Warrant;" j. The officer will be directed to a screen indicating that the warrant has been served and has the option of having the "Served Notification" document printed by the PDF Intake Control Officer; k. Once the officer arrives at the PDF, he must advise the PDF Intake Control Officer that a capias/warrant has been served; and l. The PDF Intake Control Officer will print the "Served Notification" document, attach it to the capias/warrant, and forward it to the Central Records Section through the pneumatic tube system When searching by what, enter the first three letters of the defendant's last name and first three letters of the first name. It may be necessary to search different variations of the name to obtain an accurate response. - answer Defendant Name After the warrant is validated, it can only be served within the next how many hours. After that time, the validation expires and the warrant must be verified again - answer 12 hours eWarrants is an electronic warrant database that provides fast and accessible warrant information to the JSO. The status of all warrants in this database will be updated immediately when what - answer served, recalled, or dismissed Warrant requirements for arrests in residences are as follows - answer 1. In general, arrest warrants must be obtained for the arrest of felony suspects in a place of residence. An arrest of a suspect may occur in the residence of a third party. Entry into a residence of a third party to search for a suspect without consent or the presence of urgent circumstances shall be preceded by a search warrant. Officers shall consult with their supervisor if they are unsure of the necessity for a warrant;
- Generally, an arrest warrant shall be obtained when: a. An officer has probable cause to believe a felony has been committed;
The supervisor will review the Misdemeanor Warrant Affidavit packet and will ensure that the narrative contains all requisite elements of the crime charged and identity of the suspect, that all necessary supporting documents and evidence are included, and that the affidavit has been properly signed. Upon review and approval of the Misdemeanor Arrest Warrant Affidavit Packet the approving supervisor will - answer 1. Document his / her review and approval by signing the printed eWarrant misdemeanor arrest warrant affidavit in the side margin
- Log in and drop the Misdemeanor Arrest Warrant Affidavit Packet in the Misdemeanor Arrest Warrant Affidavit Packet box;
- If the Misdemeanor Arrest Warrant Affidavit is for the crime of DUI, any Domestic related charges, Dating Violence, Stalking, Violation of an Injunction or Juvenile cases, then the approved packet must be returned to the officer and the arrest warrant affidavit request must be made by an officer in person SAO will review the Misdemeanor Arrest warrant Affidavit packets and a decision in most cases shall be made within how many days as to whether the misdemeanor arrest warrant will be approved or denied. The officer will be notified as to the status of the arrest warrant affidavit by the MCI office - answer 30 days If the misdemeanor arrest warrant has been denied by the SAO - answer a. The MCI liaison will notify the officer by email; b. The officer must complete a supplemental report indicating that the arrest warrant has been denied and must indicate that the case has been "Exceptionally Cleared" and "Prosecution declined." and c. Victim / Complainant must be notified of the case status by the submitting officer. If the misdemeanor arrest warrant has been approved by the SAO - answer a. The MCI liaison will take the approved misdemeanor arrest warrant to a judge for review and signature. Once signed by a judge, the MCI Liaison will deliver approved Misdemeanor Arrest Warrants which have been signed by a judge, to Records and ID for eWarrant input. The MCI Liaison will notify the officer by email that the misdemeanor arrest warrant has been approved and issued; b. The officer must complete a supplemental report indicating that the arrest warrant has been approved and must indicate that the case is "suspended" and "warrant issued;" c. Victim / Complainant must be notified of the case status by the submitting officer; and d. The officer shall make attempts to serve the arrest warrant. When an officer proceeds to the SAO to request an arrest warrant or capias, the officer shall bring a copy of a what and what (if available) on the suspect to accompany the State Attorney file. This will ensure proper division assignment as well as providing the issuing judge an opportunity to review the suspect's criminal record and set appropriate bond. - answer criminal history/Record of Arrest and Prosecution (RAP) sheet (if available)
After the eWarrant entry is completed and printed, officers will present the warrant affidavit to the Assistant State Attorney for review: - answer a. After approval is obtained by the Assistant State Attorney, the officer will present the form to a judge for his approval and signature; b. The Assistant State Attorney and the officer will each retain a copy of the signed warrant; and c. The officer will immediately forward the original signed warrant to the Central Records Section personnel During all other times, a warrant may be obtained by contacting the "on-call" Assistant State Attorney through the Investigations Dispatcher and advising him of the probable cause to be used as a basis for the warrant - answer a. If the Assistant State Attorney decides that a warrant should be issued, the officer will be informed which judge is available. b. The "on-call" Assistant State Attorney is responsible for contacting the judge and should do so prior to the officer's arrival at the judge's location. The eWarrant form will be completed as follows - answer a. The eWarrant system is available from the JSO Homepage or can be accessed by clicking on this Link; b. After accessing the eWarrant system, the officer will select the "Affidavit for Arrest" option and click "G.O.". Officers will complete the required information; c. At the conclusion of creating the affidavit, officers will submit the affidavit; d. This form will become a legal document; therefore, it should be prepared as accurately as possible; e. The narrative portion of the warrant must contain adequate probable cause for the arrest and should be approved by an Assistant State Attorney, verbally, if dealing with an "on call" Assistant State Attorney f. The name of the judge who issued the warrant, the name of the Assistant State Attorney consulted, and the CCR number of the case shall be printed in the appropriate spaces; g. If the warrant is for a particularly dangerous person (i.e., murder suspect, high level drug trafficker, etc.) who the officer suspects has left the county, the officer may request the Assistant State Attorney to authorize a nationwide or statewide pickup; (1) If the Assistant State Attorney so authorizes, the officer shall note the authorization and the Assistant State Attorney's name at the bottom of the warrant (e.g., "Nationwide pickup authorized by Assistant State Attorney ____"). (2) The officer should notify the Warrants Unit personnel of the Central Records Section, or the Central Records Section Supervisor after normal duty hours, so that NCIC and/or FCIC can be updated. h. The narrative of the General Offense/Incident Report shall contain information concerning any arrest warrant issued in the case; and i. Officers will sign the affidavit section of the warrant form in the presence of the judge and officers shall indicate their identification number, organization, and duty section
(5) Bond amount; (6) Date of warrant; (7) Returnable date; and (8) Judge's name, court, and location. b. When a request for arrest is made by telephone, the caller must be advised of the warrant or teletype requirements a teletype can usually be received in 30 minutes or less). The procedures for persons arrested for Out-of-State Jurisdictions where no local charges have been filed consist of the following - answer a. Arrestees must be booked/charged, as a Fugitive from Justice (not charged with the crime from the demanding state). The Arrest and Booking Report will include the jurisdiction of the demanding state. PDF personnel will immediately forward a copy of the Arrest and Booking Report of the out-of-state prisoner to the Extradition Officer in the Fugitive Unit who will assume responsibility for handling follow-up requirements. The Extradition Officer shall be consulted at the time of booking if any doubt or problem exists; and b. Arrestees must be granted a hearing on fugitive charges in County Court where bond may be set. No bond is allowed at the time of booking. The Extradition Officer in the Fugitive Unit will assume responsibility for all hearings. The procedures for persons arrested for Out-of-State Jurisdictions where local charges have been filed consist of the following - answer a. If arrestees have local felony or misdemeanor charges placed against them, the arrestees will be charged with the local felony or misdemeanor charges and not charged for the out-of-state jurisdiction; and b. A Detainer Form (P-0839) will be filled out (charge will be Fugitive From Justice) and along with the teletype confirmation from the other state, given to the PDF Intake Officer along with the arresting officer's arrest and booking report for the local charge. Once local charges have been disposed of, the PDF folder along with the detainer information will be forwarded to the PDF intake section so an on-duty Police Officer or dual certified Corrections Officer can complete an add-on Arrest and Booking Report for the fugitive from justice charge The procedures for persons arrested for other Florida Jurisdictions where no local charges have been filed consist of the following - answer a. Arrestees must be booked on the charges indicated on the warrant or teletype and not as a Fugitive from Justice; and b. The judge, court location, returnable date, and bond will be used on the Arrest and Booking Report, the same as if it were a local warrant. The arrestee will be allowed to post bond on bondable charge(s) at the time of booking. The procedures for persons arrested for other Florida Jurisdictions where local charges have been filed consist of the following - answer a. If the arrestees have local charges placed against them, the arrestees will be charged with the local charges and not with the charges for other Florida jurisdictions; and b. A Detainer Form (P-0839) will be filled out in duplicate at the time of arrest and attached to the Arrest and Booking Report at the PDF. One copy will be attached to the
warrant from other Florida Jurisdictions and the other copy will be placed in the PDF record jacket. Once local charges have been disposed of or the arrestee wishes to make bond, the other "in-state jurisdiction" will be contacted to determine whether or not there are any charges still pending. The procedures for persons under 18 years of age who have been arrested for Out-of- State Jurisdictions on adult warrants where no local charges have been filed consist of the following - answer a. Arrestees are to be delivered to the PDF; and b. The procedures outlined under Article VII. C.2. of this order. The procedures for persons under 18 who have been arrested for Out-of-State Jurisdictions on adult warrants where local charges have been filed consist of the following - answer a. Arrestees are to be delivered to the PDF to be processed on the local charges; and b. A copy of the warrant or teletype should be left with the Juvenile Processing Officer at the PDF. If the individual is not detainable on the local charge, he will be held until the next day when they can then be ordered transferred to the PDF Felony arrests without capias or warrants may be made - answer 1. When the person to be arrested has committed a felony in an officer's presence;
- When a felony has in fact been committed and there is probable cause to believe that the person to be arrested has committed it;
- When there is probable cause to believe that a felony has been or is being committed and there are reasonable grounds to believe that the person to be arrested has committed or is committing it; and
- When the person is to be arrested under one of the circumstances described above is in a residence, it is necessary that one or more of the following circumstances exist before an arrest without a warrant or capias can be made: a. The arrest must be made immediately for the protection of any person, including a Police Officer (delay caused by obtaining a warrant will jeopardize the safety of innocent persons); b. The arrest must be made immediately to prevent the successful flight of the suspect; c. The arrest is made pursuant to a lawful entry to prevent the destruction of evidence; d. The arrest is made by the officer in fresh pursuit of a suspect (theofficer has maintained visual contact with suspect during the suspect's flight to avoid arrest), and the delay caused in obtaining an arrest warrant will jeopardize the safety of innocent persons or allow the successful flight of the suspect; e. The arrest is made for a felony committed in the officer's presence in a residence to which the officer has already been legally admitted; f. The arrest is made after the officer develops probable cause for the arrest after having been legally admitted to the residence; g. The arrest is made after the officer has been lawfully admitted to the residence by consent of an adult also living in the residence (e.g., domestic violence cases); and h. The arrest is made for a violation of law that is taking place in the resid
The following will be considered when completing the Victim Notification Request: - answer a. The officer/detective must ensure that the four digit PIN is entered on the Victim Notification Request and on the Victim's Case Information Card located in the Victim/Witness Service Guide Booklet (P-0444); b. The PIN should be a four digit number the victim can easily remember; and c. If the victim does not want to be notified, it is not necessary to obtain a PIN. If the victim does not have telephone service, "NONE" will be entered in the PIN location. A letter of notification will be mailed to the victim. - answer If a victim is incapacitated the officer/detective preparing the Victim Notification Request will assign 9999 as the PIN and enter the number in the appropriate spot and indicate on the signature line that the victim is incapacitated. Ensure Victim/Witness Service Guide is transported with the victim to advise the victim of the notification service - answer If the victim of a domestic violence case is transported to Hubbard House for safety reasons, the officer/detective preparing the Victim Notification Request will ensure the release of information authorization section and a Signature Form (P-0214) are completed. The Signature Form will authorize Hubbard House to release information about the victim's residency status for the purpose of follow-up interviews pertaining to the domestic violence case. The investigating officer must get a copy of this form from the Acorde Image System application on the 94Net prior to contacting Hubbard House. - answer If the arrest is made subsequent to the time the Victim Notification Request is completed, the officer/detective will contact Central Records to determine if a completed request form is on file. The officer/detective will retrieve a copy of the completed form from Central Records, and provide the copy to the PDF Intake Control Officer. - answer If an arrest is made from a warrant or capias, which involved an enumerated offense that occurred prior to October 1, 1995, the officer/detective assigned to the case will ensure that a Victim Notification Request is completed. A copy of the Victim Notification Request will be forwarded to the PDF Intake Control Officer, and the original will be forwarded to Central Records. - answer The Victim Information and Notification Everyday (VINE) computer system will automatically telephone the victim, the appropriate next of kin of a victim or other designated contact that has registered for telephone notification when the inmate is booked into the PDF. - answer A Victim Notification Request is NOT required for individuals arrested for Violation of Probation (VOP) or for a capias for Failure to Appear (FTA) involving the enumerated crimes. These individuals have previously been arrested for the enumerated crimes and the victim, the appropriate next of kin or other designated contact has been notified that the individual was released. The only time a Victim Notification Request is required with
a capias is when the capias is specifically for one or more of the enumerated crimes. - answer Habitual Felony/Violent Offenders shall be specifically identified by the SAO, 4th Judicial Circuit, for prosecution under enhanced sentencing guidelines - answer The criteria for designation as a Habitual Felony/Violent Offender are found in F.S.S. 775.084 and F.S.S. 985.47. All individuals charged with a misdemeanor offense or ordinance violation are eligible to be issued a NTA as long as the following conditions exist - answer 1. The violator, subject to lawful arrest, identifies himself sufficiently to permit the exclusion of all others. Examples of acceptable identification include: State of Florida driver's license or identification card or a military identification card;
- The violator is a resident of the State of Florida, except for violators charged with open container violations;
- The violator agrees to sign the citation;
- The potential for continued violence by the violator or toward him does not exist;
- The faculties of the violator are not impaired by either alcohol or drugs to the extent that he is unable to function and assume responsibility for himself;
- The violator is not a juvenile (existing Sheriff's Office procedures shall be observed in making the arrest or in releasing the juvenile to his parents or guardian);
- There is no warrant for the violator's arrest;
- There have been no previous arrests within the last six months;
- There is no previous history of failing to appear within the last 12 months in response to a notice issued subsequent to the violator's physical arrest or issuance of an NTA;
- If the charge is Petit Theft and the violator does not have a prior Petit Theft conviction;
- The violator is not charged with a violation of F.S.S. Chapters 316, 320, or 322. Individuals charged with violations under the provisions of these statutes are not eligible for an NTA; and
- The violator is not charged with Battery on Spouse/Domestic Violence. Officers are encouraged to use NTAs in lieu of physical arrest. When an NTA is not issued in these cases, an explanatory statement will be included in the narrative of the Arrest and Booking Report - answer Because multiple convictions for prostitution may result in enhanced penalties for offenders, individuals arrested for prostitution must be booked at the PDF in order to assure proper identification - answer Procedures for issuance of an NTA will consist of the following - answer 1. The Police Officer shall first determine whether the violators are eligible to be issued an NTA by contacting the ID Unit. Officers will advise ID that the name check is for issuance of an NTA. If the eligibility requirements of this order are not satisfied, the officer shall physically arrest the violators and transport them to the PDF for booking. If the requirements are satisfied, the officer shall issue the citation;
