Policy Text
ARREST PROCEDURES
EFFECTIVE DATE: 06/01/97 STANDARD NO. 001 REVISED: 05/12/21
REPLACES: SOPs Arrest Procedures 01-04.1-10 – Rev. 01/01/03; Booking and Processing Prisoners
02-05.1-6 – Rev. 01/01/03; and Release of Suspects or Arrested Persons 18-03.1-2 – Rev. 01/01/03;
Rev. 06/22/18; Rev. 11/05/18
OBJECTIVE: To establish criteria for the arrest, processing, and transportation of prisoners.
POLICY: Once a violator is identified as having committed a crime, it is the responsibility of
the Homestead Police Department (HPD) to initiate the criminal prosecution
process. Officers have a measurable degree of discretion in the performance of
their duties and in deciding to make physical arrests, issue Notice to Appear, traffic
citations, or warnings (verbal or written). However, a report shall be written or
further investigation initiated. The decision to make a warrantless arrest shall be
guided by the factual situation involved, the officer’s probable cause, and the
exigencies that may exist to which warrant procedures are not appropriate. In
deciding what action(s) to take, the officer should understand that supervisory
authority is available to provide necessary guidance and assistance in making
decisions. Supervisors are responsible to closely monitor and emphasize the
requirement not to give special consideration or treatment to anyone.
SCOPE: All employees of this Department shall be governed by the procedures set forth
below.
I. INTRODUCTION:
A. The City of Homestead is a chartered municipality. In accordance with Article VIII
Section 2(b) of the Constitution of the State of Florida and Florida State Statutes, the
City shall have governmental, corporate, and proprietary powers. Through these powers,
the Police Department, as a municipal service, has the legal responsibility to enforce the
laws of the State of Florida, selected ordinances of Miami-Dade County, and the
ordinances of the City of Homestead.
B. The enforcement authority of the police is limited by the appropriate provisions set forth
in the Constitutions of the United States and the State of Florida, Florida State Statutes,
Miami-Dade County Ordinances, City of Homestead Ordinances, mutual aid
agreements, and the general orders of HPD.
II. LIMITS OF AUTHORITY:
A. Use of discretion:
1. The proper use of discretion is an important aspect of law enforcement. In some
situations, the use of discretion is limited by HPD general orders (i.e., use of
force, pursuits, etc.). The use of discretion must be reasonable, justifiable, and
within the limits of the law. Examples of the above include:
Arrest Procedures – SOP# 001
a. Stop and frisk of an individual under circumstances where the officer has
articulable reasons to fear for his/her safety.
b. Use of handcuffs to detain an individual who has not been arrested (i.e.,
for officer safety).
1) If no arrest is made, upon release, officers will make every effort to
ensure the individual is “made whole.” For example, if the
individual had been removed from the original location, he/she will
be returned to that location.
B. Jurisdiction:
1. HPD has the responsibility to provide police services within the geographical
boundaries of the City of Homestead.
2. HPD officers have statutory authority, pursuant to FS 901, to arrest outside the
City limits of Homestead when the following circumstances exist:
a. When in fresh pursuit of a person who has committed a felony or is
reasonably suspected of having committed a felony within the City of
Homestead.