Policy Text
Policy
349Garden Grove Police Department
Policy Manual
Copyright Lexipol, LLC 2022/05/24, All Rights Reserved.
Published with permission by Garden Grove Police
DepartmentCriminal Process - 1Criminal Process
349.1 PURPOSE AND SCOPE
The purpose of this policy is to establish procedures governing the execution of the criminal
process.
349.2 POLICY
Garden Grove police officers will follow all statutory and case guidelines when executing criminal
processes.
349.3 SEARCH WARRANTS
Search warrants issued by a judge are valid for execution in the county specified on the warrant.
As per Penal Code Section 1534, the search warrant shall be executed and returned to the court
within ten days from issuance, unless specified otherwise by the issuing judge.
Telephone search warrants may be obtained by following the current practices dictated by West
Orange County Judicial Center and under the guidelines of Penal Code Section 1528b.
349.4 WARRANTLESS SEARCHES
Officers will conduct warrantless searches and seizures in accordance with current case law.
Warrantless searches include, but are not limited to:
(a)Consent searches
(b)"Stop and frisk" searches
(c)Vehicle searches
(d)Crime scene searches
(e)Emergency (exigent circumstance) searches
(f)Prisoner and vehicle inventory searches
(g)Any other search authorized by current state and federal law
The Department subscribes to and provides all officers access to the California Peace Officers
Legal Sourcebook, a publication of the California Department of Justice. The Legal Sourcebook
provides the latest federal and California Supreme Court decisions and offers commentary to
assist officers in complying with the most recent case law. The Sourcebook is updated quarterly
and it can be found on the GGPD Intranet under Reference "California Peace Officers Legal
Sourcebook (CPOLS)."
349.5 ARREST PROCEDURES
Garden Grove Police Department
Policy Manual
Criminal Process
Copyright Lexipol, LLC 2022/05/24, All Rights Reserved.
Published with permission by Garden Grove Police
DepartmentCriminal Process - 2349.5.1 ASSISTANCE/FORCE TO EFFECT ARREST
Any person making an arrest may orally summon as many persons as he deems necessary to
aid him therein as per Penal Code Section 839.
Any peace officer who has reasonable cause to believe that the person to be arrested has
committed a public offense may use reasonable force to effect the arrest, to prevent escape, or
to overcome resistance, as per Penal Code Section 835a. Refer to the Use of Force Policy.
349.5.2 WARRANT ARRESTS
Arrest warrants are to be executed only by sworn peace officers.
349.5.3 WARRANTLESS ARRESTS
California Penal Code Section 836 authorizes Garden Grove police officers to make warrantless
arrests under the following situations:
(a)The crime was committed in their presence.
(b)The person arrested has committed a felony, although not in their presence.
(c)Whenever they have reasonable cause to believe that the person to be arrested has
committed a felony, whether or not a felony has in fact been committed.
Adults arrested for a misdemeanor offense must be given the opportunity to be released from
custody in return for their written promise to appear. Refer to the Alternatives to Arrest and
Incarceration Policy.
349.5.4 MUNICIPAL CODE ARREST
Anytime an arrest is made where the charge may be either a municipal or state law violation, and
a booking is deemed necessary, every effort to charge under California Penal Code will be made.
This procedure ensures that the state pays for confinement rather than the city.
349.5.5 OFF-DUTY ARRESTS
When no other alternative is available, the situation requires immediate action, and the officer
makes an arrest, the officer is on duty. On-duty time starts with the officer's initial action, and lasts
until the officer is dismissed from duty by the on-duty Division Lieutenant or Community Policing
Bureau sergeant.
349.5.6 OUT OF CITY ARRESTS
An officer who makes an arrest while off duty in another jurisdiction must contact the agency
having jurisdiction. This arrest is considered a private person arrest for court.
The officer must advise the on-duty Division Lieutenant or Community Policing Bureau sergeant
of the incident as soon as possible. The officer will direct a memorandum detailing the incident
to the Chief of Police as soon as practical.
349.6 MIRANDA ADVISEMENT PROCEDURES
Garden Grove Police Department
Policy Manual
Criminal Process
Copyright Lexipol, LLC 2022/05/24, All Rights Reserved.
Published with permission by Garden Grove Police
DepartmentCriminal Process - 3349.6.1 ADULT SUSPECTS
Miranda advisements are required before an adult is interviewed under the following
circumstances:
(a)The adult is in custody; and
(b)The adult is being interrogated (interviewed).
349.6.2 JUVENILE SUSPECTS
Section 625 of the California Welfare and Institutions Code REQUIRES that a juvenile be advised
of his constitutional rights when the juvenile is taken into custody for a violation of Section 601
or 602 of the Welfare and Institutions Code. The advisement must be given REGARDLESS of
whether or not the juvenile is interviewed. Refer to the Temporary Custody of Juveniles Policy.
349.7 ARREST BY A PRIVATE PERSON
Penal Code Section 837 provides that a private person may arrest another:
(a)For a public offense
(b)When the person arrested has committed a felony, although not in his or her presence,
or
(c)