Policy Text
Policy
101Fremont Police Department
Law Enforcement Authority
101.1 PURPOSE AND SCOPE
The purpose of this policy is to affirm the authority of the members of the Fremont Police
Department to perform their functions based on established legal authority.
101.2 POLICY
It is the policy of the Fremont Police Department to limit its members to only exercise the authority
granted to them by law.
While this department recognizes the power of peace officers to make arrests and take other
enforcement action, officers are encouraged to use sound discretion in the enforcement of the
law. This department does not tolerate the abuse of law enforcement authority.
101.3 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.).
101.3.1 ARREST AUTHORITY INSIDE THE JURISDICTION OF THE FREMONT POLICE
DEPARTMENT
The arrest authority within the jurisdiction of the Fremont Police Department includes (Penal Code
§ 830.1; Penal Code § 836):
(a)When the officer has probable cause to believe the person has committed a felony,
whether or not committed in the presence of the officer.
(b)When the officer has probable cause to believe the person has committed a
misdemeanor in this jurisdiction and in the presence of the officer.
(c)When the officer has probable cause to believe the person has committed a public
offense outside this jurisdiction, in the presence of the officer and the officer reasonably
believes there is an immediate danger to person or property, or of escape.
(d)When the officer has probable cause to believe the person has committed a
misdemeanor for which an arrest is authorized or required by statute even though the
offense has not been committed in the presence of the officer such as certain domestic
violence offenses.
(e)In compliance with an arrest warrant.
101.3.2 ARREST AUTHORITY OUTSIDE THE JURISDICTION OF THE FREMONT POLICE
DEPARTMENT
The arrest authority outside the jurisdiction of the Fremont Police Department includes (Penal
Code § 830.1; Penal Code § 836):
(a)When the officer has probable cause to believe the person committed a felony.
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(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 within 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.
101.3.3 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).
101.3.4 TIME OF MISDEMEANOR ARRESTS
Officers shall not arrest a person for a misdemeanor between the hours of 10:00 p.m. of any day
and 6:00 a.m. of the next day unless (Penal Code § 840):
(a)The arrest is made without a warrant pursuant to Penal Code § 836 which includes:
1.A misdemeanor committed in the presence of the officer.
2.Misdemeanor domestic violence offenses (See the Domestic Violence Policy).
(b)The arrest is made in a public place.
(c)The arrest is made with the person in custody pursuant to another lawful arrest.
(d)The arrest is made pursuant to a warrant which, for good cause shown, directs that it
may be served at any time of the day or night.
101.3.5 OREGON AUTHORITY
Sworn members of this department who enter the state of Oregon in order to provide or attempt to
provide law enforcement assistance have Oregon peace officer authority within 50 miles from the
California-Oregon border (ORS 133.405). Such authority shall only apply when officers are acting:
(a)In response to a request for law enforcement assistance initiated by an Oregon sheriff,
constable, marshal, municipal police officer or member of the Oregon State Police.
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(b)In response to a reasonable belief that emergency law enforcement assistance is
necessary to preserve life, and circumstances make it impractical for Oregon law
enforcement officials to formally request assistance.
(c)For the purpose of assisting Oregon law enforcement officials with emergency
assistance in response to criminal activity