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GENERAL ORDER 18-1 ARRESTS AND INVESTIGATORY STOPS 1 P L A N T C I T Y P O L I C E D E P A R T M E N T General Order Title ARRESTS AND INVESTIGATORY STOPS General Order Number 18-1 Effective: 01/01/1996 Revised : 09/15/2025 Amends / Rescinds :03/04/2022 CFA: Chapter/ Section 2 .02 PURPOSE The purpose of this direc tive is to establish guidelines for the arrest of persons who have committed felonies, misdemeanors, and ordi nance violations. This di rective also provides guide lines for investigatory stops. This directive applies to all members. DISCUSSION The Fourth Amendment to the U.S. Constitution provides, "The right of the people to be secure in their persons ... against unreasonable ... seizures shall not be violated....” This amendment, one of the "Bill of Rights", restricts the power of police to make arrests and investigatory stops. Both arrests and investigatory stops are gov erned by rules which balance the peoples' inter est in freedom of movement without governmen tal interference against the governme nt's interest in apprehending those persons who break the law. These rules pro vide that, before an officer can make an arrest, he/she must have "probable cause" to believe that the person to be arrested has committed a crime. Fur ther, they provide that, before an officer can make an investiga tory stop, he/she must have a "founded suspi cion" that the person to be stopped is involved in criminal activity. This directive discusses the legal requirements that must be met before an officer can make an arres t or an investigatory stop. This directive also discusses specific Florida statutes which provide arrest power for certain misdemeanors not committed in an officer's presence. INTENT The authority to arrest a person who has committed a felony, a misdemea nor, or an ordinance viola tion is clearly set forth in the Florida Statutes. Similarly, the authority to make investigatory stops is also set forth in the Florida Statutes. Therefore, it is the intent of the Plant City Police Department to obey all state statutes regarding arrests and investigatory stops and to follow established procedures when filing charges and processing arrestees. Adult Pre -Arrest Diversion Program (APAD) – A diversion program that offers eligible criminal partici pants an opportunity to avoi d an arrest record for arrests associated with certain identified misdemeanor offenses Electronic Criminal Report Affidavit (ECRA) : A sworn statement by the arresting officer which describes the accused, the charges, and the "probable cause" for the arrest. The statement is presented to the Court at the accused's "first appear ance" and is used, together with other information, to dete rmine DEFINITIONS GENERAL ORDER 18-1 ARRESTS AND INVESTIGATORY STOPS 2 whether the accused should be released from custody and, if so, under what conditions. After the accused's "first appearance", the statement be comes a part of the permanent court file. Arrest Warrant: A written order signed by a judge commanding the arrest of the person named therein. Capias: A written order issued by the Clerk of Court upon the authority of a judge com manding the arrest of the person named therein. A judge may direct the issuance of a capias when the State Attor ney files an Informa tion against an accused person not yet in custody, or when a defen dant fails to appear in court. A capias is treated the same as an "arrest warrant". Complaint Affidavit: A sworn statement by the investigating officer or the complainant that is s ubmitted to the State Attorney in cases where a physical arrest is not possible or appro priate. If the State Attorney decides to file formal charges, the Complaint Affidavit is sub mitted to a judge who decides whether to direct the issuance of a capias and, if so, the amount of bail. Founded Suspicion: A level of suspicion, less than "probable cause", which has a factual foun dation in those circumstances seen by the officer and inter preted in light of his/her knowl edge and experience. To have a "foun ded suspi cion", an officer must be able to articu late, in particular and objective terms, the reasons for his/her suspicion. A "mere", "gut", or "bare" suspicion does not rise to the level of a "founded suspicion". Fresh Pursuit: An exception to the g eneral rule that police officers have no official power to arrest an offender outside their jurisdic tion. The "fresh pursuit" exception allows offi cers, who attempt to detain or arrest an individu al within their jurisdiction, to continue to pursue the s uspect even though the suspect crosses jurisdic tional lines. (See G.O. 18 -1.1 B.) "Hit": An affirmative or positive response to an inquiry as to whether a person is wanted by a law enforcement agency on an out standing arrest war rant, capias, or other pickup order. Notice to Appear (NTA): A written order issued by a law en forcement officer directing the accused to appear in Court at a certain time and place. An NTA