Police Department Policy

Arrest and Transport Procedures

Tarpon Springs PD

Policy Text
Tarpon Springs Police Department Arrest and Transportation Procedures General Order # 270 Effective Date: March 15, 2021 Amends: G.O. 270 7/12/2019 Chief Jeffrey P. Young 270.01 POLICY Preventing and deterring crime are two major objectives of the Police Department. Realistically, these two objectives can never be fully attained; therefore, it becomes necessary to arrest persons who have violated the law. Of ficers must act reasonably within the limits of their authority as defined by statute and judicial interpretation, thereby ensuring that the rights of the individual and the public are protected. 270.02 PURPOSE The purpose of this General Order is to establish legal justification for making arrests and to give methods and procedures for handling of persons arrested. 270.03 PROCEDURE 270.031 Authority – Tarpon Springs Police Officers shall have full arrest authority within the corporate limits of the City of Tarpon Springs. This authority can extend outside of the city limits based upon fresh pursuit or acting within the scope of a mutual aid agreement . The police authority is defined in FL. Statute 943.10 (1). 270.032 Discretion – Uniform application of the law is a primary element in the use of discretion. Whether the situation involves a use of force, a decision to arrest, the detention of a traff ic violator, or the handling of a routine call or service request, the officers actions shall be consistent with good judgment, equal protection under the law, restraint and understanding. Each officer will be held accountable for the use of discretion and should be prepared to justify discretionary decisions. 270.04 PRINCIPLES OF ARREST No officer shall take any enforcement actions based on any county or city ordinance, or administrative rule contrary to House Bill 45 relating to the regulations of f irearms and ammunition, and should refer to chapter 790 of Florida State Statues for enforcement efforts. 270.041 Misdemeanor arrests - a police officer may arrest for a misdemeanor under the following conditions: A. on a warrant B. on an act commit ted in the officer’s presence C. Based on a misdemeanor exception, which establishes the following crimes for which an officer can make an arrest if probable cause exist, but it didn’t occur in the officer’s presence; (1) in an accident investigation (2) retail or farm theft (3) defrauding innkeeper General Order #270 2 (4) stalking (5) possession of cannabis (6) trespass on school grounds (7) loitering or prowling (8) child abuse (9) disorderly conduct on the premises of a public lodging establishment (10) carrying concealed weapons (11) act of domestic violence (12) violation of domestic violence injunction (13) battery (14) vandalism 270.042 Felony Arrests - A police officer may arrest for a felony under these conditions A. on a warrant B. on an act committed in the officer’s presence C. on probable cause 270.05 MECHANICS OF ARREST 270.06 Use of Force Officers are permitted to use only the force that is reasonable and necessary to protect others or themselves from bodily harm while affectin g an arrest. 270.07 Arresting Officers Responsibility 270.071 The arresting officer is responsible for the safety and the protection of arrested persons while in their custody. 270.072 The arresting officer will notify his or her supervisor of any apparent injury, illness or other conditions, which indicate that the arrested person may need special care, such as hospitalization or emergency room care. 270.073 The arresting officer is responsible for the security of the personal property in the poss ession of the arrested person or under his control at the time of the arrest. 270.074 The arresting officer is responsible for notifying parents or guardians of any juvenile arrested. 270.08 Prisoner Security whenever a person has been arrested by officers from the Tarpon Springs Police Department, the officers involved will take measures to insure that the arrested person does not escape from their custody. The arresting officer and anyone else involved with the arrest will take appropriate steps to make sure the arrested person(s) is securely handcuffed while not in a secure facility and adequately supervised. When in a secure facility such as the booking room, they will check to make sure that the appropriate doors ar e secured at all times and that someone is monitoring the prisoner(s). If a prisoner escapes because of negligence or carelessness on the part of an officer, it shall be considered neglect of duty. 270.09 Handcuffing and Restraining Devices All persons arrested and/or transported will be handcuffed behind the back. If a situation occurs where the subject is unable to be handcuffed behind the back then multiple sets of handcuffs can be used. Officer discretion is allowed in dealing with very y oung juveniles, very elderly persons or situations which endanger the subject, due to their condition who offer no resistance to the arrest. Leg Iron restraints or a Hobble restraint should be used for all violent subjects. When transporting a subject arre sted for a forcible felony whether violent at the time of transport or not to another receiving facility Leg Irons will be used. General Order #270 3 270.10 Searches All persons arrested and taken into custody will be searched by the arresting officer before transporting . If the transporting officer is

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