Policy Text
\n\n--- Page 1 ---\n\nTALLAHASSEE POLICE DEPARTMENT
GENERAL ORDERS
SUBJECT
Arrests and Alternatives to Arrest
CHIEF OF POLICE
Signature on File
Nationally Accredited 1986
Proudly Policing Since 1841
NUMBER ORIGINAL ISSUE CURRENT REVISION TOTAL PAGES
6 07/15/1985 03/17/2025 17
AUTHORITY/RELATED REFERENCES
CIB-12, Follow-up Investigations
FS 776.08, Forcible Felony
FS 790.052, Carrying Concealed Firearms; Off-duty Officers
FS Chapter 811, Unauthorized Aliens, Nationality, and Immigration
FS Chapter 901, Arrests
FS 984.04, Juvenile Justice; Oaths, Records, Confidential Information
FS 985.031, Kaia Rolle Act
Florida Rules of Criminal Procedure, Rule 3.1.25, Notice to Appear
General Order 59, Transporting and Booking Procedures
General Order 69, Foreign Nationals and Diplomatic Immunity
General Order 71, Prearrest Delinquency Citation Program
General Order 72, Search and Seizure
ACCREDITATION REFERENCES
CALEA Chapters 1, 74, 82
CFA Chapter 2
KEY WORD INDEX
Arrest and Alternatives to Arrest Processes Procedure II
Arrests With a Warrant Procedure VII
Arrests Without a Warrant Procedure VI
General Guidelines Procedure I
Notice to Appear Issuance Protocols Procedure IV
Obtaining an Arrest Warrant Procedure VIII
Off-duty Officer Arrest Authority Procedure V
Report Completion Procedures Procedure IX
Pre-arrest Diversion Program Procedure III\n\n--- Page 2 ---\n\nTALLAHASSEE POLICE DEPARTMENT
POLICY
Department officers shall use reasonable judgment and appropriate discretion
when making decisions which may lead to an arrest or an alternative to arrest.
Officers shall abide by the United States Constitution, Florida Statutes, and other
applicable legal guidelines in all arrest situations.
DEFINITIONS
Bias Policing: The selection of individuals for enforcement action based in
whole or in part on a trait common to a group, without actionable intelligence to
support consideration of that trait. This includes, but is not limited to race, ethnic
background, gender or gender identification, sexual orientation, religion,
economic status, age, cultural group, or other identifiable characteristics.
Off-duty: When an officer is not engaged in on-duty or secondary employment
activity.
On-duty: When an officer is working their regular duty assignment, or any
special assignment compensated by the Department.
Physical Arrest: An arrest and physical removal of a person from their location
to a place of confinement or judicial authority for the purpose of holding or
detaining them to answer a charge of law violation before the court.
Secondary Employment: Employment where an officer works for an entity
other than the Department, and a condition of the employment is the actual or
potential use of law enforcement powers by the employed police officer.
Shall: Indicates the described action is mandatory.
Should: Indicates the described action is not mandatory, but preferred.
PROCEDURES
I. GENERAL GUIDELINES
A. When effecting arrests, officers shall ensure those rights mandated by
the United States Constitution are provided to the arrested person.
B. When effecting arrests, officers shall obey the laws of arrest as
outlined in FS Chapter 901 (Arrests).
C. Officers shall not make any arrest decision based upon bias policing.
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ARRESTS AND ALTERNATIVES TO ARREST MARCH 17, 2025\n\n--- Page 3 ---\n\nTALLAHASSEE POLICE DEPARTMENT
D. Officers shall not arrest a child younger than 7 for a delinquent act or
violation of law based on an act occurring before he or she reaches 7,
unless the violation of law is a forcible felony as defined in FSS 776.08.
E. Officers shall not conduct a physical arrest of a child younger than 13
for a delinquent act or violation of law without chain of command
approval up to and including a Deputy Chief, unless the violation of law
is a forcible felony (as defined in FSS 776.08) or in the performance of
a pickup order. This requirement does not diminish a member’s legal
authority and responsibility to take law enforcement action, nor does it
prohibit an officer from handcuffing an individual.
F. The protocols of General Order 69 (Foreign Nationals and Diplomatic
Immunity) guide officer actions regarding diplomatic immunity and
certain notifications to federal entities and foreign government
representatives.
G. Officers shall document an arrest in an appropriately classified offense
report.
H. When an officer arrests an employee of the school district for a felony,
or a misdemeanor involving the abuse of a minor child or the sale or
possession of a controlled substance, the officer shall notify the
Sergeant of the Juvenile Services Unit. The notification will be made
by Department email to tpdshocap@talgov.com. The Sergeant of the
Juvenile Services Unit (or designee) will notify the Leon County District
Superintendent (or designee). The notification will include the
arrestee’s name, address, and specific charge(s) for which the
employee was arrested.
II. ARREST AND ALTERNATIVES TO ARREST PROCESSES
A. When probable cause exists to believe a person has committed a
violation of criminal law or ordinance, on-duty police officers and
officers working secondary employment should make a physical arrest.
1. Officers shall handcuff all arrested persons (hands behind back)
unless circumstances reasonably justify otherwise.
2. When objectively reasonable, officers are authorized to utilize
additional or other Department-approved restraint devices for the
safety of the arrested person, the officer, and others.
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3. After handcuffing, officers shall conduct a search incident to arrest
as authorized in General Order 72 (Search and Seizure).
B. In all arrest situations, the officer shall conduct a full and complete
investigation of the incident while utilizing standard Department officer-
safety protocols.
Decision Making Processes –
C. It is the responsibility of officers to use reasonable judgment and
appropriate discretion, including the consideration of such factors as
listed in subsection D below, in making a determination to:
1. Complete standard arrest processing (i.e., transport to a detention
facility),
2. Implement an alternative to arrest (see subsection L below), or
3. Release the suspect with only a verbal warning.
D. The factors for officers to consider include the ones listed below.
1. The totality of the circumstances surrounding the criminal act, to
include the victim’s input (see subsection E below).
2. The arrested person’s level of cooperation during the arrest,
handcuffing and subsequent search.
3. The existence of any contraband or items of evidentiary value
located during the search incident to arrest.
4. The ability to establish the arrested person’s identity.
5. Any wanted, probationary or pre-trial release status of the arrested
person.
6. The arrested person’s eligibility for participation in an alternative to
arrest program.
E. Officers should take into consideration the victim’s desire to have the
suspect arrested or not arrested, or to pursue criminal charges in court;
however, the victim’s input shall not:
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ARRESTS AND ALTERNATIVES TO ARREST MARCH 17, 2025\n\n--- Page 5 ---\n\nTALLAHASSEE POLICE DEPARTMENT
1. Be the sole determining factor in whether or not an arrest is made,
or
2. Override any statutorily mandated arrest.
F. Except when approved by a named representative of the State
Attorney’s Office (SAO), or lieutenant or higher rank, officers shall
always make arrests when:
1. Probable cause exists to believe a person has committed a felony,
or
2. A person has an outstanding warrant or active capias.
G. In the decision to make or not make an arrest, officers should not
consider the possibility the suspect may:
1. Not be prosecuted, or
2. Be used as a confidential informant.
H. There may be situations where probable cause exists for the arrest of
a suspect, but c