Policy Text
Policy
908Fremont Police Department
Criminal Non-Traffic Arrests by California
Highway Patrol
908.1 PURPOSE AND SCOPE
To establish a cooperative procedure for the efficient and expedient handling of California Highway
Patrol arrests and to render assistance to the California Highway Patrol when in the course of
their enforcement activities, it becomes necessary to arrest someone for a non-traffic offense the
department will follow the procedures outlined below. This is designed to eliminate any confusion
regarding the responsibilities of officers of this Department and the responsibilities of a Highway
Patrol Officer effecting a criminal non-traffic arrest, the following procedure is initiated with the
concurrence of Area Commander of the Highway Patrol.
908.2 PROCEDURES
(a)Assistance in the Field
1.Any California Highway Patrol Officer who, subsequent to making a stop for a
traffic offense, observes a criminal violation will be responsible to perform the
following
(a)Effect the arrest;
(b)Store vehicle, if necessary;
(c)Provide city officer with brief statement regarding the circumstances of the
arrest;
(d)Accompany city officer to police building, place evidence in the evidence
envelope, sign the envelope, and turn it over to the city officer for storage,
analysis, etc.;
(e)Witness inventory of suspect(s) property and initial envelope;
(f)Complete all necessary reports regarding the offense and arrest;
2.Any Fremont Police Officer assigned to assist with arrests of the subject type will
(a)Take person(s) arrested into custody and transport to the Fremont Jail;
(b)Obtain brief statement of circumstances for inclusion on an Outside Assist
report;
(c)Assist the CHP officer with the booking procedure;
(d)Provide CHP officer with assistance in processing and storing any
evidence
3.Vehicle Code violations observed by a CHP officer will be handled by that officer
to its conclusion, including transporting, booking, etc. In the case of accidents
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Published with permission by Fremont Police DepartmentCriminal Non-Traffic Arrests by California
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Fremont Police Department
Criminal Non-Traffic Arrests by California Highway Patrol
occurring on a city street, non CHP jurisdiction, a Fremont officer will investigate,
but the CHP officer will give a statement as to his observations.
4.Non Vehicle Code violations observed by CHP officers which are not subsequent
to a traffic stop made by them regardless of the location of the offense within
the city limits will be handled by a Fremont officer and the CHP officer will give a
statement as a witness. (CHP officers will, of course, take that action considered
necessary to prevent the crime from continuing.)
(b)Vehicle Code Arrests
(a)When any California Highway Patrol officer brings an arrestee into the Fremont
Police Detention Facility for a Vehicle Code violation, an Arrest Report will
be completed along with the necessary booking forms. If statements from the
Highway Patrol officer are required, they will be included in the narrative portion
of the Arrest Report.
(c)Non-Vehicle Code Arrests
(a)When any California Highway Patrol officer brings an arrestee into the Fremont
Police Detention Facility for a violation of statute other than a Vehicle Code
violation, a member of the Fremont Police Department will complete the
appropriate report (as required by the Report Writing Manual), in addition to an
Arrest Report and necessary booking forms. If there is a need for statements
from the officer, these statements will be included in the crime or incident report,
continuation report or supplemental report supplied by him, at a later date, on
Highway Patrol report forms.
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Published with permission by Fremont Police DepartmentCriminal Non-Traffic Arrests by California
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