193 FUGITIVE ARRESTS

POLICY 193.0FUGITIVE APPREHENSIONS 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 any fugitive having a confirmed, outstanding warrant be taken into custody as soon as practical, utilizing guidelines as set forth in Departmental Policies and pursuant to state and federal law. A fugitive suspect must be within the jurisdiction of the Village at the time the arrest is affected, unless the arresting officer is otherwise empowered to make arrests outside this jurisdiction by virtue of being deputized. The apprehension of fugitives within the Village of El Portal will be given priority. PURPOSE The task of the fugitive investigator will be to proactively investigate and identify fugitives, especially violent fugitives, who have an active and verified warrant for their arrest. The fugitive investigator will develop a coordinated plan utilizing all necessary Departmental assets to determine the most effective investigative avenues to safely execute said warrant, with the ultimate goal of incarcerating these dangerous offenders. The fugitive detective will represent the El Portal Police Department in a professional manner and provide all assistance and cooperation accordingly. All other Departmental personnel will adhere to the applicable portions of this policy where the arrest of a fugitive with an arrest warrant is to be conducted. Because of the size of the Department, a permanent Fugitive Investigator does not exist; however, based on the needs of a given circumstance, the Chief of Police will designate an officer for as long as the incident lasts. This officer shall be the aforementioned Fugitive Investigator. B.PROCEDURES 1.The primary function, though not necessarily the only tasks of the fugitive investigator, is the apprehension of suspects with a confirmed, outstanding warrant(s). The apprehension of violent fugitives and those with felony warrants will be given priority. These types of outstanding warrants may include the following: a.Felony b.Misdemeanor c.Traffic d.Violation of probation/parole Page 1 of 4 2.The fugitive detective will assist local, state or federal agencies on matters concerning the apprehension of fugitives within the jurisdiction of the Village of El Portal. Due to the on-call aspects of this assignment, the fugitive detective must be available by phone. C.WARRANT REQUIREMENTS AND PROCEDURES 1.Residences a.Among the many methods fugitives may employ to evade capture, concealment in a residence is a primary technique. An arrest warrant allows the search of such a residence, but ONLY under the following conditions: (1).The arrest warrant must contain the name of the fugitive to be arrested, and the exact address of the residence in which the fugitive is believed to be concealing himself. (2).The nature of the arrest warrant must be fully explained to those occupants in attendance when the arrest warrant is being executed, and a copy of the arrest warrant must be displayed upon demand to person(s) who have authority over the premises. (3).The search of a residence will only be conducted when the charges are felony in nature and not misdemeanor. b.When an investigation into the whereabouts of a fugitive requires the search of a residence not listed on the original arrest warrant, the detective shall obtain a search warrant from the state attorney’s office by contacting (305) 547-5050 to speak with an on-call ASA before any search of that location is conducted for the fugitive, unless consent is given to enter the premises by an individual with the authority to do so. (See CONSENT, below.) 2.Businesses a.Direct access: When a business entity is open to the public and the public has direct access to the area in which the fugitive is located, no search warrant is required to enter the premises to arrest the fugitive. b.No direct access: When a business entity is open to the public, but there is no direct public access to the area in which the fugitive is located, a search warrant to enter the restricted area to search for the fugitive is required. If consent is given to enter the restricted location by a person with the authority to do so, no search warrant is required. (See Consent below.) 3.Search Warrants a.A search warrant for a fugitive must be based upon probable cause to believe that the fugitive is located within the residence or business location. b.If probable cause exists, that information leading to a fugitive’s whereabouts is contained in a residence or business, the officer/fugitive detective may apply for a search warrant for that residence to obtain that information, if consent to search said residence is denied. 4.Consent: Residence and Business Locations a.If consent is given to enter a private residence or a restricted access area of a business location (by a person with