Police Department Policy

FremontPD_361_Service_of_Warrants_3208890

Fremont PD

Policy Text
Policy 361Fremont Police Department Service of Warrants 361.1 PURPOSE AND SCOPE The increasing volume and complexity of warrant service necessitates the formalization of a basic policy in order to assure proper handling and accountability. The purpose of this policy is to establish and maintain guidelines for the processing and service of all local and foreign warrants assigned to Fremont Police Department. Further, the department establishes guidelines that employees are to follow to ensure accountability of all warrants and that requirements for proper service are met. 361.1.1 DEFINITIONS Local Warrant - A warrant issued by the Fremont-Newark-Union City Municipal Court, and responsible police agency is Fremont. Foreign Warrant - A warrant issued by any court, and responsible agency is not Fremont. Select Traffic Warrant - A warrant issued for any of the following Vehicle Code violations: •10851 V.C. •14601 V.C. •14601.1 V.C. •14601.2 V.C. •20002 V.C. •23103 V.C. •23104 V.C. •23152 V.C. Non-Select Traffic Warrant - A warrant issued for a Vehicle Code violation other than those listed above. 361.2 THE WARRANT FILE The warrant clerk will maintain a Warrant File which will contain all Local and Foreign Warrants assigned to the Fremont Police Department. Local warrants should not leave the Warrant Desk, except to be sent to the Jail, when necessary. (a)Warrants shall be divided into two (3) sections: 1.Active. 2.Pending (Warrants that are confirmed to other agencies, but not updated.) 3.In custody Copyright Lexipol, LLC 2024/06/24, All Rights Reserved. Published with permission by Fremont Police DepartmentService of Warrants - 1 Fremont Police Department Service of Warrants (b)The warrant clerk will purge the Warrant File each January and July in order to remove Warrants as listed below: 1.Traffic Warrants, that are over two (3) years old. 2.Criminal Warrants, that are over five (5) years old. (c)One warrant envelope will be maintained for each subject. The warrant envelope will contain all the subject's outstanding warrants and all pertinent documented action. (d)Warrant envelopes will be filed alphabetically by the subject's true last name, and an envelope will be established for the subject's AKA, all to be cross-referenced. 361.3 PROCESSING WARRANTS Local Warrants: (a)Criminal Warrants -- Select Traffic Warrants 1.The warrant clerk will enter warrants in Police Information Network (P.I.N.). 2.A P.I.N. Card will be generated for patrol service of individuals residing in Fremont. 3.When a subject lives at a specific address outside Fremont, but within the P.I.N. service area, the warrant will be assigned to the law enforcement agency of jurisdiction. 4.For warrant service of subject living outside the P.I.N. area, the warrant clerk will forward a copy of the warrant to the law enforcement agency of jurisdiction. (Refer to Warrant Service Zones outlined in this policy.) The warrant will also be entered in P.I.N. (assigned to Fremont). 5.The warrant clerk will enter Criminal or Select Traffic Warrants into the State Wanted Persons System (WPS) when the bail amount exceeds $500 and is not a 14601 Vehicle Code. 6.The warrant clerk will enter Felony warrants in National Crime Information Center (NCIC) only if subject will be extradited when arrested. 7.The District Attorney will determine, and note on the Warrant, if the subject will be extradited if apprehended in another state. 8.Warrants will be retained in the Warrant File until served or recalled by the Fremont-Newark-Union City Superior Court. (b)Non-Select Traffic Warrants 1.Non-Select Traffic Warrants will not be entered in P.I.N. nor assigned to a Community Policing Team for service except in the following circumstances: (a)The bail amount is over $200. Copyright Lexipol, LLC 2024/06/24, All Rights Reserved. Published with permission by Fremont Police DepartmentService of Warrants - 2 Fremont Police Department Service of Warrants (b)A special request for service has been made by another law enforcement agency or Fremont Police Department personnel. 2.Fremont Police Officers will NOT arrest individuals for non-select traffic warrants with bail of $200 or less. (a)Officers will attempt to force compliance with the warrant by employing one of the following methods: 1.If the subject can post bail on the warrant, the officer will advise the subject to post bail on the warrant as soon as possible. 2.If the subject cannot post bail on the warrant, the officer will advise the subject to post bail on the warrant as soon as possible. (b)Under special circumstances (e.g., the individual is a suspect in an on- going investigation), the officer may arrest the person for non-select traffic warrants with bail under $200. 3.Non-Select Traffic Warrants will be retained in the Warrant File until served or recalled by the Fremont-Newark-Union City Superior Court. 4.The Fremont-Newark-Union City Superior Court Clerk generates an annual "blanket recall" of all Non-Select Traffic Warrants over two years old. Foreign Warrants: (a)Criminal Warrants-Select Traffic Warrants (a)The Black P.I.N. Card will be generated for service by a Community Policing Team on all Foreign Select Traffic and Criminal Warrants. (b)The

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