Policy Text
Milpitas Police Department
Milpitas PD CA Policy Manual
Copyright Lexipol, LLC 2020/11/24, All Rights Reserved.
Published with permission by Milpitas Police DepartmentLaw Enforcement Role and Authority - 9Chapter 1 - Law Enforcement Role and Authority
Policy
100Milpitas Police Department
Milpitas PD CA Policy Manual
Copyright Lexipol, LLC 2020/11/24, All Rights Reserved.
Published with permission by Milpitas Police DepartmentLaw Enforcement Authority - 10Law Enforcement Authority
100.1 PURPOSE AND SCOPE
The purpose of this policy is to affirm the authority of the members of the Milpitas Police
Department to perform their functions based on established legal authority.
100.2 POLICY
It is the policy of the Milpitas Police Department to limit its members to only exercise the authority
granted to them by law.
While this department recognizes the power of peace officers to make arrests and take other
enforcement action, officers are encouraged to use sound discretion in the enforcement of thelaw. This department does not tolerate the abuse of law enforcement authority.
100.3 PEACE OFFICER POWERS
Sworn members of this department are authorized to exercise peace officer powers pursuant to
applicable state law (Penal Code § 830.1 et seq.).
100.3.1 ARREST AUTHORITY OUTSIDE THE JURISDICTION OF THE MILPITAS POLICE
DEPARTMENT
The arrest authority outside the jurisdiction of the Milpitas Police Department includes (Penal Code
§ 830.1; Penal Code § 836):
(a) When the officer has probable cause to believe the person committed a felony.
(b) When the officer has probable cause to believe the person has committed a
misdemeanor in the presence of the officer and the officer reasonably believes thereis immediate danger to person or property or of escape.
(c) When the officer has probable cause to believe the person has committed a
misdemeanor for which an arrest is authorized even if not committed in the presence ofthe officer such as certain domestic violence offenses and there is immediate dangerto person or property or of escape or the arrest is mandated by statute.
(d) When authorized by a cross jurisdictional agreement with the jurisdiction in which the
arrest is made.
(e) In compliance with an arrest warrant.
On-duty arrests will not generally be made outside the jurisdiction of this department except in
cases of hot or fresh pursuit, while following up on crimes committed within the City, or whileassisting another agency.
On-duty officers who discover criminal activity outside the jurisdiction of the City should
when circumstances permit, consider contacting the agency having primary jurisdiction beforeattempting an arrest.
Milpitas Police Department
Milpitas PD CA Policy Manual
Law Enforcement Authority
Copyright Lexipol, LLC 2020/11/24, All Rights Reserved.
Published with permission by Milpitas Police DepartmentLaw Enforcement Authority - 11100.3.2 ARREST AUTHORITY INSIDE THE JURISDICTION OF THE MILPITAS POLICEDEPARTMENT
The arrest authority within the jurisdiction of the Milpitas Police Department includes (Penal Code
§ 830.1; Penal Code § 836):
(a) When the officer has probable cause to believe the person has committed a felony,
whether or not committed in the presence of the officer.
(b) When the officer has probable cause to believe the person has committed a
misdemeanor in this jurisdiction and in the presence of the officer.
(c) When the officer has probable cause to believe the person has committed a public
offense outside this jurisdiction, in the presence of the officer and the officer reasonablybelieves there is an immediate danger to person or property, or of escape.
(d) When the officer has probable cause to believe the person has committed a
misdemeanor for which an arrest is authorized or required by statute even though theoffense has not been committed in the presence of the officer such as certain domesticviolence offenses.
(e) In compliance with an arrest warrant.
100.3.3 TIME OF MISDEMEANOR ARRESTS
Officers shall not arrest a person for a misdemeanor between the hours of 10:00 p.m. of any day
and 6:00 a.m. of the next day unless (Penal Code § 840):
(a) The arrest is made without a warrant pursuant to Penal Code § 836 which includes:
1. A misdemeanor committed in the presence of the officer.2. Misdemeanor domestic violence offenses (See the Domestic Violence Policy).
(b) The arrest is made in a public place.(c) The arrest is made with the person in custody pursuant to another lawful arrest.(d) The arrest is made pursuant to a warrant which, for good cause shown, directs that it
may be served at any time of the day or night.
100.4 INTERSTATE PEACE OFFICER POWERS
Peace officer powers may be extended to other states:
(a) As applicable under interstate compacts, memorandums of understanding or mutual
aid agreements in compliance with the laws of each state.
(b) When an officer enters an adjoining state in close or fresh pursuit of a person believed
to have committed a felony (ARS § 13-3832; NRS 171.158; ORS 133.430).
The person arrested out of state must be taken without unnecessary delay before a magistrate of
the county in which the arrest was made (ARS § 13-3833; NRS 171.158; ORS 133.440).
Milpitas Police Department
Milpitas PD CA Policy Manual
Law Enforcement Authority
Copyright Lexipol, LLC 2020/11/24, All Rights Reserved.
Published