Police Department Policy

KPDGO_GO_405__-_Arrest___Transport_Procedures_627292

Kissimmee Police Department

Policy Text
KISSIMMEE POLICE DEPARTMENT GENERAL ORDER General Order 405 – Arrest and Transport Procedures Page 1 of 9 TITLE: ARREST AND TRANSPORT PROCEDURES 405 EFFECTIVE: 07/01/2015 REVISED: 09/11/2025 SCOPE : ALL EMPLOYEES REVIEW AUTHORITY: PATROL DIVISION CAPTAIN CFA STANDARDS: 2.01M, 2.02, 21.01M (A-D), 21.02M, 21.03M, 21.05M, 21.06M (A-C), 21.07M, 21.08M (A-E) 405.01 Statutory Requirements 405.07 Positional Asphyxia 405.02 Stop and Frisk 405.08 Transportation Procedures 405.03 Strip Searches 405.09 Prisoner Escape 405.04 Limit of Authority 405.10 Sick or Injured Prisoners 405.05 Alternatives to Arrest 405.11 Securing of Weapons 405.06 Use of Restraint Devices Policy: Police officers are entrusted by law with the responsibility to enforce the law objectively and without prejudice and are empowered with the authority to perform those acts necessary for effective law enforcement. Police officers must perform their duties within the guidelines and restrictions of their legally mandated authority. Police authority inc ludes powers of arrest. Because the physical arrest of a person is a legally sanctioned deprivation of that person’s constitutionally guaranteed freedom, physical arrests must conform to those constraints established by law and the procedures established h erein. 405.01 Statutory Requirements: Florida Statutes mandate procedures regarding the detention, arrest, transport and confinement of persons suspected of, or charged with, crimes. All officers shall have a working knowledge of that statute. No officer shall detain any person or make any arrest, which they know or should know, is not in accordance with current law and Department procedures. No arrest shall be made except upon probable cause to believe the suspect committed a criminal offense or upon ser vice of a valid arrest warrant. No detention shall be made except upon a well -founded belief that the suspect has committed, is committing, or was about to commit a crime. 405.02 Stop and Frisk: Officers should read and be familiar with the Stop and Frisk law, which reads in part: “Whenever any law enforcement officer of this state encounters any person under circumstances which reasonably indicate that such person has committed, is committing, or is about to commit a violation of the criminal laws of the state, or the criminal ordinances of any municipality, or of any county, the officer may temporarily detain such person for the purpose of ascertaining the KISSIMMEE POLICE DEPARTMENT GENERAL ORDER General Order 405 – Arrest and Transport Procedures Page 2 of 9 identity of the person temporarily detained and circumstances surrounding the person’s presence abroad which led the officer to believe that the person had committed, or was committing, or was about to commit a criminal offense.”; (and) “Whenever any law enforcement officer authorized to detain temporarily any person under the provisions of this statut e has probable cause to believe that any person whom the officer has temporarily detained, or is about to detain temporarily, is armed with a dangerous weapon and therefore offers a threat to the safety of the officer or any other person, the officer may s earch such person so temporarily detained only to the extent necessary to disclose, and for the purpose of disclosing the presence of such weapon.” 405.03 Strip Searches: [CFA 2.01M] A prisoner shall not be strip searched unless there is probable cause to believe that the individual is concealing a weapon or controlled substance. If a strip search is necessary, it shall be conducted by the qualified personnel of the Osceola County Department of Corrections. For the purpose of officer safety, a strip search may be conducted by Department officers prior to arrival at the department of corrections. Pr ior to conducting a strip search an officer shall obtain permission from the Watch Commander. The Watch Commander granting permission shall complete a supplemental report specifying the offense and other pertinent information necessitating the strip search . Each strip search shall be performed by, and witnessed by, an officer of the same gender as the prisoner and on premises where the search cannot be observed by persons not physically conducting or witnessing the search. A strip search shall not be cond ucted or witnessed by a civilian employee of the Kissimmee Police Department. Body cavity searches are prohibited. [CFA 2.01M] 405.04 Limit of Authority: Kissimmee Police Officers shall have full arrest authority within the corporate limits of the City of Kissimmee. Mutual Aid – The “Florida Mutual Aid Act” located within Florida Statutes, and any other current mutual aid agreement, shall be addendum to t his Order. Department police officers shall also have full arrest authority within the confines of those jurisdictions contained in any mutual aid agreements within the articles of those agreements. Fresh Pursuit – Officers may make an arrest outside the city limits of Kissimmee, if in an attempt to arrest or detain a person within Kissimmee, the person flees across jurisdictional lines and if the officer has probable cause to believe the suspect has committed a crime. With the exception of fresh pursuit cases and circumstances

Why Attorneys Choose FlawFinder

Side-by-side with Westlaw and LexisNexis

FeatureWestlawLexisNexis
Monthly price$19 - $99$133 - $646$153 - $399
ContractNone1-3 year min1-6 year min
Hidden fees$0, alwaysUp to $469/search$25/mo + per-doc
Police SOPs✓ 310+ departments
Zero-hallucination AI✓ CitationGuard
CancelOne clickTermination feesNo option to cancel
FlawFinder provides legal information, not legal advice. Consult an attorney for specific legal guidance.