Policy Text
501.2 Alternative to Arrest Page 1 of 7 Rev. 09/24/22
GENERAL ORDER
501.2 ALTERNATIVES TO ARREST
REVISION DATE: 09/24/2022
BY ORDER OF THE CHIEF OF POLICE
SUNNY ISLES BEACH
POLICE DEPARTMENT ORIGINAL EFFECTIVE DATE: 09/24/22
PREVIOUS REVISIONS:
RESCINDS: All Previously Issued Directives REFERENCE :CFA 2.02
TABLE OF CONTENTS
A. PURPOSE .......................................................................................................................... 1
B. SCOPE ............................................................................................................................... 1
C. POLICY ............................................................................................................................. 1
D. DEFINITIONS .................................................................................................................. 1
E. ALTERNATIVES TO PHYSICAL ARREST ............................................................... 2
F. ADULT CIVIL CITATION ............................................................................................. 5
G. COURT LIAISON / RECORDS UNIT RESPONSIBILITIES .................................... 7
H. VOIDING CIVIL CITATIONS ....................................................................................... 7
I. DISTRIBUTION OF COPIES ......................................................................................... 7
A. PURPOSE
The purpose of this policy is to establish procedures and provide guidance for alternatives to a physical arrest.
B. SCOPE
This directive is applicable to all sworn members of the Department.
C. POLICY
It is the policy of the Sunny Isles Beach Police Department that when practical and prudent to do so, an alternative
to an arrest shall be used.
D. DEFINITIONS
Arrest – An arrest is legally made when there is a purpose or intention to affect an actual or constructive seizure
or detention is made, by a person having present power to control the person arrested, and such purpose or
intention is communicated by the arresting officer to, and understood by, the person whose arrest is sought.
Arrest Warrant –A fully executed warrant for arrest, signed by a Judge, as provided by §901.02, Florida Statutes.
The warrant may be executed electronically as provided by law.
ALTERNATIVES TO ARREST
General Order 501.2
501.2 Alternative to Arrest Page 2 of 7 Rev. 09/24/22
Capias – An order of arrest signed by the Clerk of the Court upon the order of a Judge, or information filed by the
State Attorney’s Office.
Discretion – The authority to make decisions within legal boundaries using reasonable personal judgment. Use of
discretion is guided and framed by laws, policies, rules, procedures, training, and supervision.
E. ALTERNATIVES TO PHYSICAL ARREST
1. Not all offenses require the arrest of the offender. Alternatives to arrest and pre-arraignment confinement may
be utilized. These include, but are not limited to the following:
a. The issuance of a summons, civil citation, or a Notice to Appear for some misdemeanors or violations of
ordinances, in accordance with the guidelines of this order.
b. Informal resolution of the problem using authority for use of discretion.
c. A verbal warning prohibiting the conduct.
d. Referral of the subject to a community service organization.
e. Referral to the State Attorney’s Office.
f. Release of a juvenile to the custody of a parent or legal guardian.
g. Baker Act/Marchman Act diversion to a receiving facility in accordance with the “Crisis Intervention
Team/Baker Act and Marchman Act” directive.
2. F.S.S. § 316.635, § 318.14 (2), § 901.28, § 901.29, and § 901.31 gives law enforcement members the authority
to exercise alternatives to arrest, pre-arraignment confinement, and/or pretrial releases.
3. Members of this Department, when attempting to resolve the various types of problems to which they are asked
to respond, are authorized to seek alternatives to physical arrest (with incarceration) when no hazard(s) to the
community, victim or suspect will result. Alternatives to physical arrest may include:
4. Verbal Warning
Members may exercise discretion in minor traffic and ordinance violations by delivering a verbal
warning where the facts indicate proper resolution of the event can be achieved without formal charge.
Members should not use the "verbal warning" to evade resolving the situation properly. Supervisors
overseeing directed patrol or selective traffic enforcement activities requiring stricter attention to
enforcement or where community needs warrant formal charges may restrict this discretionary action,
requiring the issuance of traffic citations or formal charges.
Verbal warnings shall not be issued for:
(a) Felony violations
(b) Misdemeanor violations when it is reasonable to believe that continued freedom of the violator
would result in a breach of the peace or a more serious crime
ALTERNATIVES TO ARREST
General Order 501.2
501.2 Alternative to Arrest Page 3 of 7 Rev. 09/24/22
(c) Persons with an active warrant/capias
5. Referral:
a. Referrals may be made to other Departmental components, to other police or governmental agencies, to
social service agencies, or to other organizations better suited to address and to resolve specific enforcement
actions.
b. Juvenile Civil Citations: Juvenile offenders meeting the criteria established pursuant to FSS 985.12 –
Juvenile Civil Citations, as amended, shall be issued a Juvenile Civil Citation, and diverted from the
juvenile justice system to a community service program. Refer to the Juvenile Operations directive.
c. Referral to State Attorney’s Office: Non-arrest cases may be referred to the State Attorney’s Office for the
determination of prosecution. The State Attorney’s Office may issue a cap