Policy Text
Policy
100Mountain View Police Department
Mountain View PD Policy Manual
Copyright Lexipol, LLC 2019/12/12, All Rights Reserved.
Published with permission by Mountain View Police
Department***DRAFT*** Law Enforcement Authority - 1Law Enforcement Authority
100.1 PURPOSE AND SCOPE
The purpose of this policy is to affirm the authority of the members of the Mountain View Police
Department to perform their functions based on established legal authority.
100.2 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.).
100.2.1 ARREST AUTHORITY INSIDE THE JURISDICTION OF THE MOUNTAIN VIEW
POLICE DEPARTMENT
The arrest authority within the jurisdiction of the Mountain View 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 reasonably
believes 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 the
offense has not been committed in the presence of the officer such as certain domestic
violence offenses.
(e)In compliance with an arrest warrant.
100.2.2 ARREST AUTHORITY OUTSIDE THE JURISDICTION OF THE MOUNTAIN VIEW
POLICE DEPARTMENT
The arrest authority outside the jurisdiction of the Mountain View 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 there
is 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 of
the officer such as certain domestic violence offenses and there is immediate danger
to 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.
Mountain View Police Department
Mountain View PD Policy Manual
Law Enforcement Authority
Copyright Lexipol, LLC 2019/12/12, All Rights Reserved.
Published with permission by Mountain View Police
Department***DRAFT*** Law Enforcement Authority - 2(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 with the City or while assisting
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 before
attempting an arrest.
100.2.3 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.
100.3 POLICY
It is the policy of the Mountain View 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 the
law. This department does not tolerate the abuse of law enforcement authority.
100.4 CONSTITUTIONAL REQUIREMENTS
All members shall observe and comply with every person’s clearly established rights under the
United States and California Constitutions.