Policy Text
Policy
611Fremont Police Department
Arrest at Residences on Probable Cause
611.1 PURPOSE AND SCOPE
Arrests made at residences will be made with an arrest warrant, a Probable Cause Arrest Warrant,
or under "exigent circumstances." The purpose of this policy is to set down guidelines for obtaining
probable cause arrest warrants and to outline what constitutes "exigent circumstances."
This policy applies to all officers and detectives affecting arrests at residences whether functioning
in a patrol or investigative capacity.
611.2 ARREST PROCEDURES
Officers wanting to make an arrest at a residence should make every effort to obtain a regular
arrest warrant rather than a probable cause arrest warrant. Officers who have probable cause to
make an arrest shall make every effort to make the arrest at a place other than a residence.
(a)Officers who have probable cause to make an arrest and who must effect the arrest
at a residence, shall obtain a probable cause arrest warrant.
1.Officers arresting persons on probable cause at a residence shall follow the
below listed steps:
(a)It shall be established that the person to be arrested is at the residence
where the arrest is to made, or will be there.
(b)If necessary, the residence should be secured until the probable cause
arrest warrant is obtained.
(c)The investigating officer should contact his supervisor and discuss
obtainment of the probable cause arrest warrant.
2.After obtaining the field supervisor's concurrence, assistance from an on-duty
investigator should be requested.
(a)In order to obtain a probable cause arrest warrant, officers must complete
the probable cause warrant form and the arrest affidavit form. The arrest
warrant affidavit form is the same for adults and juveniles and the probable
cause arrest warrant is different for adults and juveniles. Officers should
insure that they are using the proper forms (refer to APPENDIX 613).
(b)Whenever a probable cause arrest warrant is used, an original and two
copies are required. The original should be retained by the officer and filed
with the court clerk on the next court day after execution. The first copy
shall be given to the issuing judge, the second copy should be retained for
police files, and the third copy should be delivered to the District Attorney's
office the day following issuance, whether or not the warrant is served. If
the person arrested is a juvenile, the third copy will be sent to juvenile hall
with the minor and the police report.
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Arrest at Residences on Probable Cause
(c)A supply of probable cause arrest warrants and affidavits for adults and
juveniles will be maintained in Investigations, Records, and the report
writing room.
3.The officer completing the probable cause arrest warrant should consult with the
District Attorney prior to taking the probable cause arrest warrant to the judge
for approval. If the probable cause arrest warrant is being sought during other
than normal District Attorney hours, the on-duty search warrant deputy may be
contacted via phone.
4.The officer should then contact the municipal court judge for issuance of the
probable cause arrest warrant. Both juvenile and adult arrest warrants will be
issued by municipal court judges.
5.Once the probable cause arrest warrant is obtained, attempt service should be
made until the suspect is apprehended, unless the officer is positive that such
attempt would be futile. The probable cause arrest warrant is valid until recalled
by the court, or for the time period specified on the warrant itself. If a time limit
is placed on the probable cause warrant, it will be written in on the warrant face
by the issuing magistrate.
(a)Juveniles taken into custody on probable cause arrest warrants cannot be
released by the officer, but must be taken to juvenile hall.
(b)Probable Cause Arrest Warrants are not needed for a citizen's arrest at a residence.
(c)Probable Cause Arrest Under "Exigent Circumstances"
(a)Officers may make a probable cause arrest at a residence without a probable
cause arrest warrant if there are "Exigent Circumstances," such as:
(a)Hot pursuit of a fleeing felon.
(b)A rationale showing that it is likely that the suspect might flee or escape
during the time necessary to obtain a warrant.
(c)A similar showing that delay in the arrest could result in the loss or
destruction of contraband, stolen goods, or evidence.
(d)A delay in the arrest reasonably could present a dangerous situation to
persons or property.
(b)The arrest of the individual upon the occurrence of the probable cause. This
"exigent circumstance," of necessity, would require that the arresting officer:
(a)Make his/her observation after he/she lawfully was inside the suspects
residence (e.g., by consent, search warrant, etc.).
(b)In addition to probable cause, the situations cited in items "2", "3", "4" or
other emergency factors must be present.
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(c)It is recognized that the above outline of "exigent circumstances" may not
cover special situations encountered by officers in their everyday contact
with violations of the law. However, each situation now must be evaluated
by the following standard: Is an emergency present which requires one
(as a reasonable police officer) to effectuate an immediate arrest rather
than obtain an arrest