56948948.pdf

\n\n--- Page 1 ---\n\nGAINESVILLE POLICE DEPARTMENT GENERAL ORDER TITLE ACCREDITATION Arrests CALEA 1.2.3.(a-c); 1.2.5; 1.2.6; 1.2.7; 70.2.1; 71.3.1.d; 74.3.1; PRIOR REVISIONS PROPONENT UNIT 06/26/09, 10/05/11, 01/02/14; District 1 and District 2 Patrol 10/15/18, 07/08/20 Operations ATTACHMENT: NUMBER ISSUE DATE REVISION DATE TOTAL PAGES 1.3 07/01/98 12/31/2023 15 I. PURPOSE: This Order defines the scope and limits of the Department’s law enforcement authority regarding arrests. II. POLICY: The Gainesville Police Department shall develop a set of procedures to ensure its members only make lawful arrests based on probable cause and do not knowingly violate the constitutional rights of any person. III. DEFINITIONS: A. Probable Cause: Probable cause is the officer’s knowledge of facts and circumstances based on reasonable information sufficient to lead a prudent person to believe that a crime has been or is being committed and that the suspects identified either did commit or is committing the offense. B. Arrest: To take a person into lawful custody for the commission of a misdemeanor or a felony violation of Florida State Statute, a municipal ordinance, a criminal traffic violation or a warrant IV. PROCEDURE A. Arrest Authority: Only sworn members of the Department will make physical (full custody) arrests. B. Arrest Discretion: Reasonable and appropriate police action varies with each situation, so different facts or circumstances may justify an investigation, a search, an arrest, or no action at all. Thus, sworn members may exercise discretionary judgment in a reasonable manner and within the limits of their authority, judicial interpretation, and Department policy. [CALEA 1.2.7] 1. Enforcement actions shall be commensurate with applicable laws, and shall take into account the degree and severity of the violation committed or alleged to have been committed. 2. Sworn members shall exercise sound judgment when deciding enforcement action, and shall: Scope: Sworn Department Members, Tele-Serve, Records, and PSTs\n\n--- Page 2 ---\n\nGAINESVILLE POLICE DEPARTMENT i. Limit their decisions to those allowable within the scope of their discretion and authority, and; ii. Base their decisions on applicable laws, written Department policies and procedures, training, and experience. iii. Consult a supervisor when questions arise or when information is discovered that indicates an alternative action may be warranted. 3. When an investigation or surrounding circumstances indicate an arrest should be commuted to a lesser charge (e.g. felony to misdemeanor) or rescinded, the member shall immediately contact and brief a supervisor (if the supervisor was not the one to discover the situation). In any case, the supervisor will assist the officer and ensure the proper course of action and appropriate documentation are completed. For example, if the new information: i. Refutes the original probable cause; the person shall be released and provided with an explanation for the decision. If the person arrested was removed from the location of arrest (i.e., transported to the station or the jail), the officer should offer to return the person to the original location. The supervisor shall contact the on-call SAO. The on-call SAO will contact the judge for direction on how to proceed. ii. Indicates the charge was a misdemeanor rather than a felony (and the incident did not occur in the officer’s presence), and no other circumstances of the investigation indicate other charges are warranted; The charging document appropriate to the offense shall be completed and the person released; The supervisor shall contact the on-call SAO. The on-call SAO will contact the judge for direction on how to proceed. iii. Results in any other situation where alternative action is indicated, the supervisor shall ensure proper legal review and follow-up action occur. C. Interviews: Suspect interviews (including field interviews and interrogations) shall be conducted in accordance with established constitutional requirements and Florida and Federal law. [CALEA 1.2.3.a.b.c] 1. Prohibitions: Members shall not attempt to obtain confessions or statements by force, coercion, threat, or promise, or subject a person to: i. Unusually long interview periods; ii. An inhumane atmosphere; 2\n\n--- Page 3 ---\n\nGAINESVILLE POLICE DEPARTMENT iii. Actual or threatened physical abuse; iv. Denial of basic necessities, such as food, water and toilet facilities. 2. Miranda Warning: Members conducting a custodial interview will advise the interviewee of their Miranda Warning/Rights. i. If possible, sworn members will read the rights waiver card to the suspect or complete a written waiver. ii. Exceptions to Miranda Warnings (public safety exception, etc.) shall be handled on a case-by-case basis. 3. Inform: Members conducting interviews shall advise the suspect of the names and authority of the interviewing officers and the nature of the matter in question. 4. Access to Counsel: Sworn members conducting a custodial interview will not prevent, deny, nor impede the suspect’s access to legal counsel. After a suspect invokes the right to counsel or silence, the interview into that particular offense will cease. Only when a suspect voluntarily reinitiates an interview may an officer recommence questioning. 5. Volunteered Statements: Volunteered and spontaneous statements by suspects may be admissible as evidence and need not be preceded by a Miranda warning. Any follow-up initiated by the Department member will be preceded by the proper warning. D. Warrantless Arrests:[CALEA 1.2.5] 1. Felony: Upon developing probable cause, a sworn member may make an arrest without a warrant. Restriction: Members may not make a warrantless, non-consensual entry into a suspect’s or a third party’s home to make a routine arrest, unless exigent circumstances exist (see General Order 1.4). 2. Misdemeanor: Upon developing probable cause, a sworn member may make an arrest without a warrant if the offense occurred in the member’s presence and the arrest is made immediately or subsequent to fresh pursuit. There are exceptions which permit a member to arrest a suspect for a misdemeanor that does not occur in the member’s presence. (Review 3\n\n--- Page 4 ---\n\nGAINESVILLE POLICE DEPARTMENT Florida State Statute 901.15– “When arrest by officer without warrant is lawful”; link to Misdemeanor Exceptions can be found on the Intranet). E. Warrant Arrests: The existence of a current arrest warrant for the person in question must be verified prior to any arrest being made pursuant to the warrant.[CALEA 1.2.5 & 74.3.1] 1. Public Place: Sworn members may make a warrant arrest if the person is in a public place. 2. Lawfully Present: Sworn members may make a warrant arrest at any location the officer comes in contact with the named person, AND at which location the officer has been invited or otherwise has a lawful right to be. 3. Not Lawfully Present: Sworn members with probable cause to believe a person named in an arrest warrant is at a third-party residence, and the residence is secure or the occupant refuses to allow officers entry, must obtain a search warrant, or summon an Alachua County Deputy to execute the warrant. 4. High-Risk Warrants: i. Notification: Department members will notify the Special Weapons and Tactics (SWAT) Commander when aware of the need to execute a high-risk arrest warrant. To allow time to assemble, personnel will contact the SWAT Commander as soon as they become aware of the need to execute a warrant, preferably before the warrant is obtained. ii. Determination: The SWAT Commander will make the determination, based upon the facts supplied by the Department member requesting a warrant, as to whether the SWAT team will be used to execute the warrant. F. Use of Force: Sworn members of the Department will not use more force than necessary to make an arrest for a criminal violation (see General Order 1.5. Use of Force). G. Restrai