Policy Text
Policy Delano Police Department
102 Delano PD Policy Manual
Law Enforcement Authority
102.1 PURPOSE AND SCOPE
The purpose of this policy is to affirm the authority of the members of the Delano Police
Department to perform their functions based on established legal authority.
102.2 PEACE OFFICER POWERS
Sworn members of this department are authorized to exercise peace officer powers pursuant to
applicable state law (Penal Code § 830.1 et seq.).
102.2.1 DELIVERY TO NEAREST MAGISTRATE
When an officer makes an arrest pursuant to a warrant with bail set, and the warrant was issued
in a county other than where the person was arrested, the officer shall inform the person in writing
of the right to be taken before a magistrate in the county where the arrest occurred (Penal Code
§ 821; Penal Code § 822).
102.2.2 ARREST AUTHORITY OUTSIDE THE JURISDICTION OF THE DELANO POLICE
DEPARTMENT
The arrest authority outside the jurisdiction of the Delano Police Department includes (Penal Code
§ 830.1; Penal Code § 836):
(a) When the officer has probable cause to believe the person committed a felony.
(b) When the officer has probable cause to believe the person has committed a
misdemeanor in the presence of the officer and the officer reasonably believes there
is immediate danger to person or property or of escape.
(c) When the officer has probable cause to believe the person has committed a
misdemeanor for which an arrest is authorized even if not committed in the presence of
the officer such as certain domestic violence offenses and there is immediate danger
to person or property or of escape or the arrest is mandated by statute.
(d) When authorized by a cross jurisdictional agreement with the jurisdiction in which the
arrest is made.
(e) In compliance with an arrest warrant.
On-duty arrests will not generally be made outside the jurisdiction of this department except in
cases of hot or fresh pursuit, while following up on crimes committed with the City or while assisting
another agency.
On-duty officers who discover criminal activity outside the jurisdiction of the City should
when circumstances permit, consider contacting the agency having primary jurisdiction before
attempting an arrest.
Copyright Lexipol, LLC 2019/12/06, All Rights Reserved. Law Enforcement Authority - 1
Published with permission by Delano Police Department