Policy Text
OFFICE OF CHIEF OF POLICE
OAKLAND POLICE DEPARTMENT
MEMORANDUM
TO: All Personnel DATE: 13 Nov 14
SUBJECT: Revision of DGO M -18, PROBABLE CAUSE ARREST AUTHORIZATION
AND REPORT REVIEW (01 Oct 05)
The purpose of this revision is to incorporate associa ted Special Orders to this policy, address
changes due to tech nology changes (iPAS, PC Dec, ECAR) and to address re-classification of
certain criminal offenses from felonies to misdemeanors as a result of the passage of Proposition
47.
Below is a summary of substantive changes to the policy which shall not take the place of
reading and understanding the entire policy.
1. Change to Part III, A, 1 , a-f (Arresting Officer’s Responsibilities)
Previous version:
1. Officers who make a probable cause arrest fo r any of the following
offenses shall request their immediate supervisor respond to the scene and
obtain arrest approval prior to transporting the arrestee:
a. Felonies;
b. Arrests for possession of narcotics and drugs;
c. Marijuana offenses if the arrest ee is transported to the Jail;
d. Resisting Executive Officers [Penal Code (PC) Section 69];
e. Resisting Peace Officers [PC Section 148(a)(1)]; and
f. Battery Against a Peace Officer [PC Section 243(b) or (c)].
Revised (emphasis added) :
1. Officers who make a probable cause arrest for any of the following
offenses shall request their immediate supervisor respond to the scene and
obtain arrest approval prior to transporting the arrestee:
a. Felonies;
b. Arrests for possession of narcotics, drugs, or mar ijuana if the
arrestee is to be transported to jail for possession of narcotics,
drugs or marijuana;
c. Resisting Executive Officers [Penal Code (PC) Section 69];
d. Resisting Peace Officers [PC Section 148(a)(1)]; and
e. Battery Against a Peace Officer [ PC Section 243(b) or (c)].
2. Special Orders 8536 and 8841 have been incorporated into this order and are hereby
cancelled.
3. The addition of the Electronic Consolidated Arrest Report (ECAR) and Probable Cause
Declaration (PC Dec), as currently used in CRIMS, IPAS and FBR.
By order of
Sean Whent
Chief of Police
DEPARTMENTAL
GENERAL
ORDER
M-18
Index as:
Arrest Approval
Report Review Effective Date:
13 Nov 14
Evaluation Coordinator:
BFO Commander
Evaluation Due Date:
13 May 15
Automatic Revision Cy cle:
3 Years
Page 1 of 9 PROBABLE CAUSE ARREST AUTHORIZATION AND REPORT REVIEW
The purpose of this order is to set forth Departmental policy and procedures for supervisors to
review certain field arrests and make a determination as to whether the articulated facts meet
the requi red level of suspicion and for the supervisory review of the preliminary investigation
and the offense reports documenting the arrests and investigations.
I. DEFINITIONS
A. Arrest
An arrest occurs when a person is taken into custody. This requires eith er:
1. An officer physically restrains or at least touches the person; or
2. That the person submitted to the officer’s authority.
An arrest is more than an investigatory detention.
B. Arrest Approval
Whenever a supervisor determine s that the legall y required level of suspicion
existed to make an arrest or a detention .
C. Arrest Disapproval
Whenever a supervisor determine s that the legally required level of suspicion
to make an arrest or detention did not exist.
D. Arresting Officer
A police offi cer, sergeant, or lieutenant of police who affects an arrest by
taking another person into physical custody.
DEPARTMENTAL GENERAL ORDER
OAKLAND POLICE DEPARTMENT M-18 Effective Date:
13 Nov 14
Page 2 of 9 E. Probable Cause
Probable cause [to arrest] exists when, under the totality of the circumstances
known to the arresting officers, a prudent pe rson would have concluded that
there was a fair probability that [the defendant] had committed a crime.
F. Reasonable Suspicion
In order for an investigative stop or detention to be valid, you must have a
"reasonable suspicion" that:
1. Criminal activi ty may be afoot; and
2. The person you are about to detain is connected with that possible
criminal activity.
G. Report Approval
Whenever a supervisor has reviewed the offense reports and associated
documents and determined that the preliminary investi gation is complete and
that report is complete, clear, and properly written.
II. POLICY
A. This policy requires arrest approval for specific types of arrests made by
Departmental personnel classified as police officer , sergeant, and lieutenant of
police .
B. Arresting Officers, as defined in this order, shall not approve their own arrests.
C. All arrest approvals shall be made by the arresting officer’s supervisor, a field
supervisor, or a command officer in accordance with the provisions of this
order.
D. This policy does not apply to:
1. Arrests made by sworn personnel above the rank of lieutenant or
assigned an acting rank above lieutenant ;
2. Detentions when no arrest is made ;
3. Private Person Arrests (OPD accepts custody of arrestee from privat e
person ); and
DEPARTMENTAL GENERAL ORDER
OAKLAND POLICE DEPARTMENT M-18 Effective Date:
13 Nov 14
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