Policy Text
Ref: CALEA
Standards 74.1.1-2,
74.3.1-2, 82.3.8 DEPARTMENTAL
GENERAL ORDER E-6 Rev.
26 Apr 01
Index as: Arrest Warrants Warrants, Arrest
Page 1 of 8
ARREST WARRANTS
The purpose of this order is to set fort h procedures for confirming, serving and
withdrawing warrants and for updating the computerized warrant information systems: AWS (Automated Warrant Sy stem), WPS (Wanted Persons System),
CLETS (California Law Enforcement Te lecommunications System) and NCIC
(National Crime Information Center). This order does not include any criminal or
civil process that is not entered into the computer information systems.
I. FIELD UNITS
A. Warrant Information (AWS, WPS, NCIC) 1. The issuing authority or agency holding the warrant must verify all warrant information, including mobile computer
information, before arrests can be made pursuant to warrant
charges. If the officer does not intend to arrest a suspect on warrant charges, he/she shall not request verification of the warrant.
2. If an individual is wanted on felony charges in another state, he/she may be arrested pursuant to Penal Code Section 1551.1 (reason to believe an individual has been charged in another state). The Warrants Section shall confirm the warrant and extradition status.
B. Warrants 1. Only sworn personnel shall execute arrest warrants.
2. Documentation - Execution/Attempted Execution
DEPARTMENTAL GENERAL ORDER E-6 Rev.
26 Apr 01 OAKLAND POLICE DEPARTMENT
a. Any execution or attempted execution of an arrest
warrant shall be documented on the warrant worksheet
and shall include the following information:
1) Date and time service was executed/attempted
2) Name of officer(s) executing/attempting service
3) Method of service/reason for non-service
4) Address of service/attempt
b. The Warrants Section shall maintain a record of all
warrant service attempts in the AWS Warrant Due Diligence file.
3. Field officers shall make a reasonable investigation whenever a subject acknowledges a warrant but claims to have paid the bail (e.g., has a bail receipt) or that the matter has been adjudicated.
4. Requests for verification of warr ant listings may be directed
to the Communications Division or the Warrants Section.
5. Officers shall only request warrant verification for subjects with whom they are in contact or who have been detained.
6. On the basis of information provided by the Communications Division, the officer shall determine whether the descriptive information on a verified warrant matches the subject.
a. If the officer is uncertain that the description matches
the subject, the member may discuss the matter by
telephone with the Warrants Section and may consult
his/her supervisor for a decision.
b. Any question regarding identification shall be resolved
in favor of the subject.
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DEPARTMENTAL GENERAL ORDER E-6 Rev.
26 Apr 01 OAKLAND POLICE DEPARTMENT
7. Persons arrested pursuant to warran ts for traffic infractions or
traffic misdemeanors must be offered an opportunity to post
bail before being searched or booked. Such persons may be pat searched for weapons if they are transported.
8. If for any reason the officer does not make an arrest after obtaining verification of the warrant, he/she shall immediately notify the Communications Division and complete a Field Contact Report (836-314) and forward it to the Warrants
Section at the end of his/her shift.
C. Transporting Officer 1. After transporting a prisoner arrested pursuant to Penal Code Section 1551.1 to the Jail, the transporting officer shall obtain the printed NCIC warrant listing from the Warrants Section and deliver it to the Jail.
2. Persons arrested on warrants for traffic infractions and traffic misdemeanors who can post bail may be escorted to the Warrants Section or the Jail Division to pay the bail and may then be released.
3. Persons arrested on other California warrant charges and traffic offenders who cannot po st bail for a misdemeanor or
infraction warrants shall be taken to the Jail.
a. The transporting officer shall obtain the warrant or
abstract from the Warrants Section and deliver it to the
Jail.
b. If satisfied that the prisoner is the same person named
and described on the warrant, the transporting officer
shall serve it and complete the arrest report.
1) If the warrant originated outside Alameda County, the transporting officer shall advise the prisoner that he/she has a right to appear before a local magistrate pursuant to Penal Code
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DEPARTMENTAL GENERAL ORDER E-6 Rev.
26 Apr 01 OAKLAND POLICE DEPARTMENT
Sections 821 and 822 for the purpose of being
admitted to bail.
2) Jail personnel shall stamp the warrant and the original arrest report with the Penal Code Sections 821-822 stamp. The transporting officer shall sign both documents and record whether or not the prisoner wants to appear in local court to be admitted to bail.
c. If the transporting officer is unsure that the prisoner is
the person described on the warrant, the transporting officer shall take the prisoner and the warrant to a Patrol Division supervisor for a final decision as to whether or not the warrant should be served.
1) If the supervisor determines that the warrant
should not be served, the prisoner shall be released from custody immediately under the provisions of Penal Code Section 849(b)(l).
2) The supervisor shall return to the Jail and
complete the Certificate of Release (TF-456) to
give to the individual, releasing him/her from custody, and correct the arrest report.
3) The supervisor shall return