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Policy 100Santa Monica Police Department Santa Monica Police Department Policy Manual Copyright Lexipol, LLC 2018/10/09, All Rights Reserved. Published with permission by Santa Monica 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 Monica Police Department to perform their functions based on established legal authority. 100.2 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.). 100.2.1 ARREST AUTHORITY OUTSIDE THE JURISDICTION OF THE SANTA MONICA POLICE DEPARTMENT The arrest authority outside the jurisdiction of the Santa Monica 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. On-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. 100.2.2 ARREST AUTHORITY INSIDE THE JURISDICTION OF THE SANTA MONICA POLICE DEPARTMENT The arrest authority within the jurisdiction of the Santa Monica 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. Santa Monica Police Department Santa Monica Police Department Policy Manual Law Enforcement Authority Copyright Lexipol, LLC 2018/10/09, All Rights Reserved. Published with permission by Santa Monica Police DepartmentLaw Enforcement Authority - 2(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. 100.3 POLICY It is the policy of the Santa Monica 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. 100.4 INTERSTATE PEACE OFFICER POWERS Peace officer powers may be extended to other states: (a) As applicable under interstate compacts, memorandums of understanding or mutual aid agreements in compliance with the laws of each state. (b) When a sworn officer enters an adjoining state in close or fresh pursuit of a person believed to have committed a felony (ARS § 13-3832; NRS 171.158; ORS 133.430). The person arrested out of state must be taken without unnecessary delay before a magistrate of the county in which the arrest was made (ARS § 13-3833; NRS 171.158; ORS 133.440). 100.5 CONSTITUTIONAL REQUIREMENTS All members shall observe and comply with every person’s clearly established rights under the United States and California Constitutions.