Police Department Policy

189 WARRANT ARREST

Village of El Portal Police Department

Policy Text
POLICY 189.0WARRANT ARREST REVISED: 11/2011 RELATED POLICIES: Reviewed by Chief David Magnusson 5/2019 A.WARRANT ARREST Only sworn officers may execute arrest warrants. An officer who is notified that an active warrant/capias exists for a subject being detained will take every step reasonable to insure that the match is correct before affecting the arrest. This can be accomplished through verification of supporting evidence such as height, weight, eye and hair color, scars, marks, tattoos or other unusual features. Driver's license, Social Security numbers or any other reasonable identifying factors may be considered. 1.Upon determining that the subject matches the warrant, the arrest will be made and proper F.C.I.C./N.C.I.C. notification will be completed through teletype and documented in the offense report. 2.The offense report will contain those elements on which the officer made this verification determination. B.SUBJECT INSIDE BUILDING 1.When an officer has the legal right to be inside a building the officer will follow set guidelines as stated in section A. 2.Forced entry of building to effect arrest: a.Officers may make forced entry into a building to effect a warrant arrest under the following guidelines. (1).When a felony warrant exists and with the approval of the Chief of Police or his/her designee. (2).The officer has reasonable cause to believe the suspect is inside the building. b.Officers cannot make forced entry on arrests based on probable cause affidavits. C.LEGAL GUIDELINES Arrests by warrant, Florida Legal Guidelines. 1.The officer executing an arrest warrant need not have it in possession. Page 1 of 2 2.An arrest warrant may not be dismissed because of defect in form. 3.An officer may use all necessary and reasonable force to enter any building or property where the person to be arrested is or is reasonably believed to be, after announcing authority and purpose and fails to gain admittance, FSS 901.19. Page 2 of 2

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