Police Department Policy

07-05 Executing Arrest Warrents and Subpoenaing Witnsses (5-1-24)

Richmond PD

Policy Text
Page 1 of 5 General Order 7-5 – 05/01 /24) EXECUTING ARREST WARRANTS AND SUBPOENAING WITNESSES RICHM OND POLICE DEPA RTMENT GEN ERAL ORDER Subject: EXECUTING ARREST WARRANTS AND SUBPOENAING WITNESSESS Chapter 7 Number 5 # Pages 5 References CALEA Standards: 1.2.5, 74.1.1a -i., 74.1.2, 74.3.1 and 74 .3.2 VA Code : 19.2-76, 19.2 -81, 19.2 -267.1 an d 46.2-939 Related Orders: G.O. 06 -18 Effective Date: 05/04/24 Revised By: PD-132 Prv. Rev. Date: 06/10/22 Chief of Police: I. PURPOSE The purpose of this directive is to establish the guidelines for executing arrest warran ts and subpoenaing witnesses i n General District and Circuit Court cases . II. SUMMARY OF CHANGE This policy is being updated to chang e the records management system name. All changes are bold and italicized throughout the document . III. POLICY Office rs may execute arrest warrants and cause witnesses to be subpoenaed to court as allowed by law . Only sworn police officers shall execute arrest warrants . [CALEA 1.2.5 , 74.3.2] IV. ACCOUNTABILITY STATEMENT All employees are expected to fully comply with the guidelines and timelines set forth in this general order . Failure to comply will result in appropriate corrective action . Responsib ility rests with the Division Commander to ensure that any violations of policy are investigated and appropriate trainin g, counseling and/or disciplinary action is initiated. This directive is for internal use only, and does not enlarge an employee’s civi l liability in any way . It should not be construed as the creation of a higher standard of safety or care in any evident iary sense, with respect to third party claims . Violation of this directive, if proven, can only form the basis of a complaint by this D epartment, and then only in a non - judicial administrative setting . Page 2 of 5 General Order 7-5 - (05/01/24 ) EXECUTING ARREST WARRANTS AND SUBPOENAING WITNESSES V. PROCEDURE A. Execution of Arrest Warrants : [CALEA 1.2.5, 74.3.1 b, 74.1.2 74.3.2] An arrest warrant commands a police officer to locate and arrest the person named in the warran t. The following procedure shall be employed when executing arrest warrants. 1. Execution of Warrants in the Field: a) Officers executing an arrest warrant in the field shall: 1) Place a check in the appropriate box on the warrant indicating the type of service i. e., executed by arresting the accused named above on this day OR executed by summoning the accused named above on th is day OR for legal entities other than individuals, service pursuant to VA Code §19.2 -76; [CALEA 74.1.1b, 74.1.1c, 74.1.1e , 74.1.2c] 2) Indicate the nature of the document ; [CALEA 74.1.1c] 3) Indicate the service date and time in the space s provided on the warrant ; [CALEA 74.1.1a , 74.1.2a ] 4) Sign the warrant and put their code number , agency (RPD) and jurisdiction (120) next to their signature ; [CALEA 74.1.1f , 74.1.2b ] 5) Indicate the sheriff’s name in the appropriate location above their title; and , 6) Write in the court docket date on a releasable warrant and indicate the date of issuance/assignment. The date service is due , is tracked in the records management database as the expirati on date. [CALEA 74.1.1h, 74.1.1g, 74.1.1i] b) For warrants where the executing officer is the complainant, a "Request for Witness Subpoena" form (PD-7) shall be utilized to subpoe na witnesses . c) For warrants where the executing officer releases the arrestee on a summons, the court name shall be indicated as follow s: [CALEA 74.1.1d] 1) General District Court (John Marshall Division) 2) General District Court (Marsh Division at M anchester) 3) JUV-CT (Juvenile and Domestic Relations Court) d) The executing officer will provide a copy of the arrest warrant to the arrest ee as well as a copy of the Virginia Uniform Summons, if applicable . Page 3 of 5 General Order 7-5 - (05/01/24 ) EXECUTING ARREST WARRANTS AND SUBPOENAING WITNESSES 2. Use of the Append Notes on an Attempted Warrant Se rvice: a) To capture vital information on any attempt ed warrant service , both civil and criminal, officers equipped with MDCs will append the call when

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