Policy Text
Policy
101Santa Ana Police Department
Custody Manual
Copyright Lexipol, LLC 2022/04/19, All Rights Reserved.
Published with permission by Santa Ana Police DepartmentAuthority and Legal Assistance - 1Authority and Legal Assistance
101.1 PURPOSE AND SCOPE
This policy acknowledges and reflects the legal authority under which the Santa Ana Police
Department shall operate and maintain a local detention facility in this state. In addition to the
authority vested by state law, the jail operates in accordance with these laws, constitutional
mandates, regulations and local ordinances.
101.2 POLICY
It is the policy of this Department that the local detention facility will be maintained by all
lawful means for the incarceration of persons suspected of violating the law or who have been
adjudicated as guilty of committing a crime or civil offense by a competent legal authority, as
prescribed by law.
101.3 LEGAL FOUNDATION
Jail staff, at every level, must have an understanding and true appreciation of their authority and
limitations in the operation of a local detention facility. The Department recognizes and respects
the value of all human life and the expectation of dignity without prejudice toward anyone. It is also
understood that vesting law enforcement personnel with the authority to incarcerate suspected
law violators to protect the public and prevent individuals from fleeing justice requires a careful
balancing of individual rights and legitimate government interests.
101.4 LEGAL ASSISTANCE
The following are examples of areas where the services of the City Attorney and legal specialists
can be of benefit to the Department:
(a)Analyze and alert the jail executive and jail management team to jail-related case law.
(b)Serve as a legal advisor in the construction and review of new jail policies and
procedures.
(c)Serve as a legal advisor on issues related, but not limited to:
1.Use of force
2.Faith-based requests
3.Complaints and grievances
4.Allegations of abuse by staff
(d)Serve as legal counsel in legal matters brought against this department the Chief and
if necessary, Department staff.
101.4.1 LEGAL ADVISOR
The police legal advisor provides assistance on legal issues, including but not limited to policies,
procedures, proposed written directives for compliance with legal requirements, and any other
Santa Ana Police Department
Custody Manual
Authority and Legal Assistance
Copyright Lexipol, LLC 2022/04/19, All Rights Reserved.
Published with permission by Santa Ana Police DepartmentAuthority and Legal Assistance - 2legal matters that may arise at the direction of jail management. Jail management will maintain
communication with the legal advisor on emerging facility issues that could have legal implications
for the facility and/or the department.