Policy Text
TOM DaRé , CHIEF OF POLICE
Professional Standards Division NUMBER: 2021 -07
ISSUED: April 21 , 2021
Ramey Warrants
A Ramey warrant is a warrant of arrest based on probable cause in a case not yet filed by the
district attorney’s office. This type of warrant can be useful when we still need a suspect statement
or further investigation but we wish to take the suspect into custody as soon as possible. It also
allows us to obtain an arrest warrant quickly when circumstances might delay the distr ict
attorney’s office from being able to file a case (time of night, court holidays, case complexity, etc.)
and the suspect poses a significant threat to the public.
The 1976 case People v. Ramey created the pre -complaint warrant and it was later codified into
law under California Penal Code 817. CPC 817(a)(1) states, “If a declaration of probable cause is
made by a peace officer of this state, in accordance with subdivisions (b), (c), and (d), as
applicable, the magistrate shall issue a warrant of probab le cause for the arrest of the defendant
only if he or she is satisfied after reviewing the declaration that there exists probable cause that
the offense described in the declaration has been committed and that the defendant described
therein has committed the offense. ”
The use of a Ramey arrest warrant provides judicial authorization for the arrest of a suspect in his
or her home as well as in public places just as any other arrest warrant. Further, it may be
obtained by a peace officer directly from a j udge at any time of the day or night. It does not need
the approval of a district attorney or city attorney. While an arrest often could be made under
CPC 836, the Ramey warrant provides several advantages.
ADVANTAGES OF A RAMEY WARRANT:
1) This warrant allows us to expand knowledge of the suspect’s wanted status to any outside
agency that runs a 968 on them. An active warrant will broaden your reach to every patrol
officer who runs a 968 rather than just those who see a wanted bulletin or crime teletype .
2) A Ramey warrant can be endorsed for night service if good cause is shown to the reviewing
judge. This is useful for misdemeanor arrests normally restricted between 10pm and 6am.
3) A Ramey warrant allows officers to enter the suspect’s home to effect an arrest when they
have reasonable belief the suspect is inside. An 836 arrest would require hot pursuit / fresh
pursuit, exigent circumstances, probation / parole terms, or consent to make entry into the TRAINING BULLETIN
suspect’s home and effect a warrantless arrest. Wit hout these circumstances, a search
warrant would be necessary to make entry for an 836 arrest.
4) As a detective, using Ramey warrants can help you apprehend more suspects in a more
efficient manner. A detective can still make apprehensions without having t o focus all their
efforts into any single case.
PROCEDURES FOR MAKING A RAMEY WARRANT ARREST:
You may encounter someone with a Ramey warrant for their arrest during your normal duties.
This warrant will appear like any other arrest warrant during a 968 records check of their name.
It may be difficult to differentiate a Ramey warrant from a standard bench warrant or warrant of
arrest if you do not read the full return.
The warrant will have text in the “MIS/” field stating it is a Ramey warrant and inst ructions to
notify the originating agency or specific detective of the suspect’s arrest. The detective may want
to immediately respond and interview the suspect or conduct whatever follow -up they require to
strengthen their case. It is important to look for these instructions and notify the originating
agency as soon as possible.
Here is an example of a Ramey warrant return on a 968:
Once you notify an agency or detective, do your best to accommodate their needs such as
providing them with an interview room, assisting with a vehicle search, or evidence collection /
documentation of the suspect. Every investigation comes with unique circumstances and your
involvement could have a significant positive or negative impact on their case. Nearby ag encies
might respond to GGPD and take custody of the suspect to be transported to their station or crime
lab.
If the originating agency does not wish to respond, treat the booking as any other warrant. Orange
County Jail should not require a Probable Cau se Declaration (PC Dec) when booking the suspect.
PROCEDURES FOR OBTAINING A RAMEY WARRANT:
When you as an investigating officer or detective believe there is probable cause to effect an
arrest, you can obtain a Ramey warrant by presenting your probable cause to the duty judge.
This statement is usually given in writing by filling out the form below and attaching any police
reports, evidence reports, photos, or other documents that support probable cause. If a police
report is not yet completed or if ce rtain important details are not covered in the report, the officer
seeking the warrant may write out a declaration that establishes probable cause. This declaration
may not be necessary if the report is thorough and complete.
In time -sensitive circumstanc es, an oral declaration to the judge can be made instead of in writing.
This oral statement must be audio recorded OR transcribed by a certified court reporter. If it is
recorded, the statement can later be transcribed and filed with the