Police Department Policy

02-12 - ARREST PROCEDURES

Florida City Police Department

Policy Text
11/20/25, 2:03 PM FLORIDA CITY POLICE DEPARTMENT ADMINISTRATIVE DIRECTIVE • RELEASE OF A JUVENILE TO THE CUSTODY OF A PARENT OR LEGAL GUARDIAN. • JUVENILE DIVERSION PROGRAMS, WHICH ARE OUTLINED IN THE GENERAL ORDER INDEXED AS JUVENILE OFFENDER PROCEDURE. • BAKER ACT PROCEDURES, WHICH ARE OUTLINED IN THE OPERATING PROCEDURE INDEXED AS MEDICAL PERSONS ARRESTED FOR MISDEMEANORS, COUNTY ORDINANCE VIOLATIONS, OR CRIMINAL TRAFFIC OFFENSES, MAY BE RELEASED AT THE SCENE OF ARREST, UPON EXECUTION OF A PROMISE TO APPEAR IN COURT, RATHER THAN BE BOOKED IN THE COUNTY JAIL, UNLESS THE ARRESTING OFFICER HAS SPECIFIC GROUNDS TO JUSTIFY PHYSICAL ARREST AND BOOKING. AN ACCUSED WHO HAS BEEN PROPERLY IDENTIFIED AND REFUSES TO SIGN A NOTICE TO APPEAR OR CITATION, OR PROVIDE SUFFICIENT INFORMATION FOR A NOTICE TO APPEAR, SHALL BE ARRESTED, TRANSPORTED, AND BOOKED IN THE COUNTY JAIL. THE DECISION REGARDING AN ARREST SHOULD BE MADE AFTER CAREFUL CONSIDERATION OF THE FOLLOWING: WHETHER THE ARREST WOULD CAUSE A GREATER RISK OF HARM TO THE PUBLIC THAN NOT ARRESTING THE OFFENDER; WHETHER THE OFFENSE CAN BEST BE DEALT WITH THROUGH INFORMAL WARNINGS, SUCH AS WARNINGS OR TALKING WITH THE PARENTS OF A JUVENILE OFFENDER; THE SERIOUSNESS OF THE CRIME COMMITTED; AND, WHETHER PUBLIC EMPATHY MAY BE ENHANCED BY CAREFUL USE OF DISCRETION, AND POTENTIAL ILL WILL CAN BE AVOIDED. ONCE A VIOLATOR IS IDENTIFIED AS HAVING COMMITTED A CRIME, IT IS THE DEPARTMENT'S RESPONSIBILITY TO INITIATE THE CRIMINAL PROCESS. THERE MAY BE INSTANCES WHEN A CRIME OCCURS AND THE DEPARTMENT WILL NOT MAKE A PHYSICAL ARREST; HOWEVER, A REPORT MAY BE WRITTEN AND FURTHER INVESTIGATION INITIATED. THE DECISION TO MAKE A WARRANTLESS ARREST SHALL BE GUIDED BY THE FACTUAL SITUATION INVOLVED, THE OFFICERS PROBABLE CAUSE, AND THE EXIGENCIES THAT MAY EXIST TO WHICH WARRANT PROCEDURES ARE NOT APPROPRIATE. IN ORDER TO AID DEPARTMENT MEMBERS IN THE AREAS OF ARRESTS, SEARCH AND SEIZURE, AND RIGHTS OF ARRESTEES, THE DEPARTMENT WILL PROVIDE EACH SWORN MEMBER WITH A CURRENT COPY OF THE FLORIDA LAW ENFORCEMENT HANDBOOK, AS WELL AS HAVING A COPY OF THE FLORIDA STATE STATUTES AVAILABLE TO ALL MEMBERS. THIS INFORMATION WILL BE SUPPLEMENTED WITH LEGAL BULLETINS AND IN-SERVICE TRAINING. [CFA 2.07M] WHEN A FELONY OR MISDEMEANOR ARREST IS MADE, THE ARRESTING OFFICER SHALL: 11/20/25, 2:03 PM FLORIDA CITY POLICE DEPARTMENT ADMINISTRATIVE DIRECTIVE • INFORM THE INDIVIDUAL OF THE SPECIFIC CHARGES. • ADVISE AN INDIVIDUAL IN CUSTODY OF HIS/HER CONSTITUTIONAL RIGHTS PER MIRANDA PRIOR TO ANY INTERROGATION OR INTERVIEW REGARDING THE SPECIFIC CASE FOR WHICH THEY ARE DETAINED. OFFICERS ARE REQUIRED TO BE FAMILIAR WITH APPROPRIATE STATE STATUTES AND LEGAL GUIDELINES PERTAINING TO CUSTODIAL INTERROGATIONS. • DETERMINE IF THE INDIVIDUAL FULLY UNDERSTANDS HIS/HER RIGHTS. PRISONERS TO BE INCARCERATED SHALL GENERALLY BE HANDCUFFED WITH HANDS BEHIND THEIR BACKS BEFORE TRANSPORTING. EXCEPTIONS MAY BE MADE IN CASES WHERE EXTENUATING CIRCUMSTANCES ARE PRESENT, SUCH AS AGE OF OFFENDER, SEVERE ILLNESS, OR PHYSICAL DISABILITY. SEARCH OF ARRESTEES: ALL ARRESTEES ARE TO BE SEARCHED FOR WEAPONS AND CONTRABAND PRIOR TO ANY TRANSPORT. THIS REQUIREMENT APPLIES TO ARRESTEES WHO ARE TRANSFERRED FROM THE CUSTODY OF ONE OFFICER TO ANOTHER, OR ONE AGENCY TO ANOTHER.

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