185 ARRESTS

POLICY 185.0ARRESTS REVISED: 11/2011RELATED POLICIES: Reviewed by Chief David Magnusson 5/2019 A.POLICY It is the policy of the El Portal Police Department to comply with all applicable Federal, State and Local Laws when making arrests. B.PROCEDURES 1.Once the determination is made to affect an arrest, the suspect will be notified that he/she is under arrest, and will be made aware of the charges against them as soon as it is expedient to do so. 2.The suspect shall be immediately handcuffed, regardless of whether the arrest is for a misdemeanor or felony. a.Steel handcuffs shall be used because of their speed of application and superior control. Flex cuffs shall be used as a supplement, as in the case of multiple arrests. b.The suspect shall always be handcuffed with hands behind the back, unless physical handicap or other physical defect makes it impractical. Care should be taken when restraining disabled, sick, injured, intoxicated, drug impaired, and mentally disturbed arrestees so as not to complicate or compound the condition. (1).The arresting officer shall make an effort to determine if the arrestee has any disability, illness or injury, which requires special restraining methods. If any of these conditions dictate that a prisoner not be restrained or be restrained in a manner other than described in this policy, the officer shall advise a supervisor. (2).Positional Asphyxia is a phenomenon, which some forensic pathologists have associated with the sudden death of some inmates who have been restrained in a prone position with their hands cuffed behind their back. (a).In civil actions, courts have held the municipality, Department and officer civilly liable for the deaths of persons in custody when they are restrained in such a position. (b).In cases involving violent prisoners, mentally ill patients, intoxicated or drug impaired persons in custody, where it is necessary to subdue the person, as soon as possible, the officer shall place the person in an upright position to avoid the possibility of Positional Asphyxia. Page 1 of 6 (3).Any situation requiring restraints other than normal handcuffing procedures shall be documented in an offense report. c.Handcuffs shall always be double locked. Otherwise, they can tighten due to prisoner movement and may cause unnecessary injury. In addition, it is more difficult to defeat the double lock. d.Do not attempt to handcuff unless the suspect is under control. (1).Multiple officers may be needed to control violent suspects. (2).The suspect shall be kept off balance while being handcuffed. (3).The "wall search" position shall be avoided in favor of the free standing position, kneeling position, or the prone position. 3.The suspect will then be searched for weapons and/or contraband. Care shall be used in searching a suspect's pockets, which may contain needles or razors. Strip searches will not be conducted outside the detention or holding facility except under extraordinary circumstances. No strip search shall be conducted except as permitted under § 901.211, Fla. Stat. a.Anytime a Police Officer takes anyone into custody, the prisoner will be searched by the arresting officer prior to being transported. When the transporting officer is of the opposite sex of the prisoner and an officer of the same sex as the prisoner is available, the same sex officer must conduct the search. b.If the transporting officer is anyone other than the arresting officer, the transporting officer will again search the prisoner prior to transporting. This search will be conducted regardless of whether or not the transporting officer witnessed the arresting officer's search of the prisoner. c.If it is known that the arrestee is a security threat or escape risk, it shall be so noted on the top of the probable cause affidavit and the transporting officer shall so notify the jail booking personnel. Once in the booking area, the Booking Officer-In-Charge (OIC) will be responsible for seeing that a more thorough search is conducted before the handcuffs are removed from the prisoner. d.Each time a prisoner is moved from one location to another; e.g., interrogation area to a Detention facility, the prisoner will be searched by the custodial officer. 4.Prior to transferring custody of the arrestee to the jail, the arresting officer shall: a.Conduct an NCIC/FCIC wanted and missing person check. The results of the wanted/missing person check shall be noted on the top of the O.I. Report. 5.The prisoner will then be transported to the appropriate holding facility. a.Care should be used when transporting disabled, sick, injured or violent prisoners. (1).If necessary, they shall be transported separately. Page 2 of 6 (2).Should the disability require special transportation, the arresting officer shall make the necessary arrangements to accommodate the disability and any medical apparatus. (3).If the prisoner has an illness or injury, which requires transportation by ambulance or emergency medical personnel and is possibly