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Policy 100Santa Ana Police Department Santa Ana PD Policy Manual Copyright Lexipol, LLC 2020/06/24, All Rights Reserved. Published with permission by Santa Ana Police DepartmentLaw Enforcement Authority - 1Law Enforcement Authority 100.1 PURPOSE AND SCOPE The purpose of this policy is to affirm the authority of the members of the Santa Ana Police Department to perform their functions based on established legal authority. 100.2 POLICY It is the policy of the Santa Ana Police Department to limit its members to only exercise the authority granted to them by law. While this department recognizes the power of peace officers to make arrests and take other enforcement action, officers are encouraged to use sound discretion in the enforcement of the law. This department does not tolerate the abuse of law enforcement authority. 100.3 ADHERENCE TO LAW ENFORCEMENT CODE OF ETHICS & MISSION, VISION, VALUES STATEMENTS Sworn members of this department will conduct themselves in accordance with the Law Enforcement Code of Ethics and all members will carry out their official duties in a manner that compliments the department's mission, vision and values statements. 100.4 PEACE OFFICER POWERS Sworn members of this department are authorized to exercise peace officer powers pursuant to applicable state law (Penal Code § 830.1 et seq.). 100.4.1 ARREST AUTHORITY OUTSIDE THE JURISDICTION OF THE SANTA ANA POLICE DEPARTMENT The arrest authority outside the jurisdiction of the Santa Ana Police Department includes (Penal Code § 830.1; Penal Code § 836): (a)When the officer has probable cause to believe the person committed a felony. (b)When the officer has probable cause to believe the person has committed a misdemeanor in the presence of the officer and the officer reasonably believes there is immediate danger to person or property or of escape. (c)When the officer has probable cause to believe the person has committed a misdemeanor for which an arrest is authorized even if not committed in the presence of the officer such as certain domestic violence offenses and there is immediate danger to person or property or of escape or the arrest is mandated by statute. (d)When authorized by a cross jurisdictional agreement with the jurisdiction in which the arrest is made. (e)In compliance with an arrest warrant. Santa Ana Police Department Santa Ana PD Policy Manual Law Enforcement Authority Copyright Lexipol, LLC 2020/06/24, All Rights Reserved. Published with permission by Santa Ana Police DepartmentLaw Enforcement Authority - 2On-duty arrests will not generally be made outside the jurisdiction of this department except in cases of hot or fresh pursuit, while following up on crimes committed within the City, or while assisting another agency. On-duty officers who discover criminal activity outside the jurisdiction of the City should when circumstances permit, consider contacting the agency having primary jurisdiction before attempting an arrest. 100.4.2 ARREST AUTHORITY INSIDE THE JURISDICTION OF THE SANTA ANA POLICE DEPARTMENT The arrest authority within the jurisdiction of the Santa Ana Police Department includes (Penal Code § 830.1; Penal Code § 836): (a)When the officer has probable cause to believe the person has committed a felony, whether or not committed in the presence of the officer. (b)When the officer has probable cause to believe the person has committed a misdemeanor in this jurisdiction and in the presence of the officer. (c)When the officer has probable cause to believe the person has committed a public offense outside this jurisdiction, in the presence of the officer and the officer reasonably believes there is an immediate danger to person or property, or of escape. (d)When the officer has probable cause to believe the person has committed a misdemeanor for which an arrest is authorized or required by statute even though the offense has not been committed in the presence of the officer such as certain domestic violence offenses. (e)In compliance with an arrest warrant. 100.4.3 DELIVERY TO NEAREST MAGISTRATE When an officer makes an arrest pursuant to a warrant issued in a county other than where the person was arrested, the officer shall inform the person of the right to be taken before a magistrate in the county where the warrant was issued (Penal Code § 821; Penal Code § 822). 100.4.4 TIME OF MISDEMEANOR ARRESTS Officers shall not arrest a person for a misdemeanor between the hours of 10:00 p.m. of any day and 6:00 a.m. of the next day unless (Penal Code § 840): (a)The arrest is made without a warrant pursuant to Penal Code § 836 which includes: 1.A misdemeanor committed in the presence of the officer. 2.Misdemeanor domestic violence offenses (See the Domestic Violence Policy). (b)The arrest is made in a public place. (c)The arrest is made with the person in custody pursuant to another lawful arrest. (d)The arrest is made pursuant to a warrant which, for good cause shown, directs that it may be served at any time of the day or night. Santa Ana Police Department Santa Ana PD Policy Manual Law Enforcement Authority Copyright Lexipol, LLC 2020/06/24, All Rights Reserved. Published with permission by Santa Ana Police DepartmentLaw Enforcement Authority - 3100.5 CONSTITUTIONAL REQUIREMENTS All members shall observe and comply with every person’s clearly established rights under the United States and California Constitutions. 100.6 INTERSTATE PEACE OFFICER POWERS Peace officer