Policy Text
POLICY
186.0ALTERNATIVES TO ARREST
Revised: 11/2011
Revised: 5/2019Related Policies:
Reviewed and Revised by Chief David
Magnusson 5/2019
A.POLICY
It is the policy of the El Portal Police Department, that when practical and prudent to do
so, an alternative to a physical arrest shall be used.
B.ALTERNATIVES
In areas not specifically covered by a policy or state statute, officers shall use discretion
when considering an arrest. Common sense and reasonableness shall prevail. Discretion
shall be the responsibility of the individual officer. With this responsibility comes equal
accountability. The following alternatives may be considered in lieu of physical arrests.
1.Notice to Appear (see Policy 503);
2.Baker Act (Chapter 394, Fla. Stat.) (see Policy 508);
3.Marchman Alcohol and Other Drug Services Act (Chapter 397 Fla. Stat.) (see
policy 509);
4.Utilization of Alternative Programs;
The Communications Center maintains a list of social services and other help
organizations that are available as alternatives to arrest. Some of these
organizations are:
a.Alcoholics Anonymous
b.BEDS hotline (homeless)
c.Homeless Assistance Center (see Policy 511)
d.Narcotics Anonymous
e.Salvation Army
f.Senior Connection (info and referral for persons over 60)
g.Women in Distress (women and children)
h.Any other social services provider.
5.Verbal Warnings – Document Incident and assign Case Number.
Page 1 of 2
Verbal warnings may be issued for minor violations when exercising officer
discretion. Such warnings should be documented in a police report when
the incident requires the completion of a report.
a.Examples of when verbal warnings may be issued include but are not
limited to:
(1).When conditions dictate priorities.
(2).When an officer believes that a warning may be more effective
than intervention by the criminal justice system.
b.Prior to releasing a subject with a verbal warning, in any case where force
is used by an officer, the officer shall contact a supervisor. The supervisor
shall make a determination as to whether a verbal warning is appropriate.
Refer to Policy, Use of Force - Reporting, Evaluation and Investigation,
Reporting Method.
c.Verbal Warnings shall not be issued for:
(1).Felony violations.
(2). Domestic Violence Situations
(3).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.
(4).Persons with active warrants.
(5).If any use of force was used.
501.2 - Page 2