RM 550.0720 - Ramey Warrant

SACRAMENTO POLICE DEPARTMENT “RAMEY ” W ARRANT MANUAL RM 550.07 SACRAMENTO POLICE DEPARTMENT “RAMEY ” W ARRANT MANUAL REVISED: 12-94 TO: ALL SWORN PERSONNEL General Order 550.07 implements this manual and requires that all officers know its contents and follow its guidelines when obtaining Warrants of Arrest during tactical incidents. This policy statement is an expansion of that found in the General Order. Obtaining a Warrant of Arrest during a tactical incident must be done as quickly as circumstances allow. The Ramey procedure is much less time consuming than the complaint procedure. The decision to seek a “Ramey” Warrant shall be based on the need to augment officer safety, properly protect the public, or enhance a complete and thorough investigation by making an immediate arrest. Additionally, so that this manual shall remain as contemporary, viable, and useful as possible, all officers shall report, through their chain of command to the Chief of Police, any discrepancies they may discover between the contents of this manual, current law, acceptable police procedure, or the proper protection of the safety and rights of the community. SACRAMENTO POLICE DEPARTMENT “RAMEY ” W ARRANT MANUAL “RAMEY ” W ARRANT MANUAL 1 OF 9CHAPTER I I. “RAMEY” WA RRANT DEFINED A. The “Ramey” Warrant is a probable cause Warrant of Arrest. (See People v. Ramey (1976) Cal.2d 263). B. This warrant has the same authority for service as a complaint Arrest Warrant issued by the District Attorney (DA). (Either, of course, must first be signed by a magistrate.) C. It can be entered into the Automated Wanted Persons System (WPS), including the local county and the state WPS, and the NCIC. D. There is no statutory procedure, as yet, for these types of Arrest Warrants. The basis for a “Ramey” Warrant is case law. E. Although “Ramey” Warrants are usually used in felony cases, they can also be used in misdemeanor cases. F. “Ramey” Warrants are supported by an affidavit of probable cause. This affidavit, or declaration, is given to the judge to establish that probable cause exists for the arrest of the named defendant(s) on the listed charge(s). G. If you are also obtaining a Search Warrant, the same affidavit can support both the "Ramey" and the Search Warrant. See Chapter IV. II. ARRESTS WITH A WARRANT VERSUS ARRESTS WITHOUT A WARRANT A. THE WARRANT REQUIREMENT 1. As a rule, you must have an Arrest Warrant to arrest someone inside their home. (People v. Ramey (76) Cal.3d 263.) 2. “Home” or dwelling is any place the suspect resides, i.e., a tent, motel room, boat, van, etc. 3. This same protection (the need for a warrant) also applies to parts of a business or office which are not open to the public. (People v. Lee (1986) 186 Cal.App.3d 743.) 4. It is the intrusion into the dwelling, not the actual arrest inside, which offends the constitutional standards under People v. Ramey . When you grasp this point, then the following exceptions to the general residential warrant requirement should make sense. Remember, “a man’s house is his castle.” B. EXCEPTIONS TO THE WARRANT REQUIREMENT 1. Exigent Circumstances a. An Arrest Warrant is not required to enter someone's premises if exigent circumstances exist. b. "Exigent circumstances" means an emergency situation requiring swift action to prevent: (1) imminent danger to life; or(2) serious damage to property; or(3) imminent escape of a suspect; or(4) the destruction of evidence. 2. Consent a. You may enter a premises to make a warrantless arrest if a valid consent is obtained. b. If the consent to enter is found by the court to have been coerced (involuntary), your warrantless arrest will be unlawful. 3. When Probable Cause Arises After Entry If probable cause to arrest arises only after you are already lawfully inside asking questions or investigating, you may make the arrest without first leaving to obtain an Arrest Warrant. (Sections A and B from “The Peace Officers Legal Sourcebook” ) C. BENEFIT OF OBTAINING AN ARREST WARRANT 1. Arrests made pursuant to an Arrest Warrant are presumed to be lawful; the burden is on the defendant to prove it was not lawful. 2. If questions later arise as to whether there was probable cause to arrest, the fact that you obtained an Arrest Warrant will strengthen your case. D. ADVANTAGES OF A "RAMEY" WARRANT SACRAMENTO POLICE DEPARTMENT “RAMEY ” W ARRANT MANUAL “RAMEY ” W ARRANT MANUAL 2 OF 91. The advantage of this type of Arrest Warrant is that it can be issued at anytime of the day or night. 2. A "Ramey" Warrant does not start a criminal complaint; therefore, it does not have to be reviewed by the DA or filed with the clerk of the court prior to its being served. 3