Policy Text
structure presumed to be occupied, kidnapping, home invasion, or any other felony which
involves the use of deadly force against an individual.
2. An officer who exercises his or her law enforcement authority outside of West Palm Beach
will do the following:
a. Immediately after the situation is brought under control, notify the agency having
normal jurisdiction.
b. Turns the investigation over to the agency having normal jurisdiction.
c. Offer any assistance requested including, but not limited to, a follow-up report
documenting the event and actions taken.
d. Notifies an on-duty West Palm Beach Police Department shift commander of the
enforcement action.
D. When an officer is personally involved in an incident outside of West Palm Beach, he or she
may not take any law enforcement action which involves family, personal friends or neighbors
unless immediate action is necessary to prevent serious bodily harm.
E. Nothing in this section is meant to require or order an officer to act on a crime of violence
committed in the presence of the officer outside of his or her jurisdiction, but only to authorize
such action when the action would be that of a reasonably prudent person.
IV. CONSTITUTIONAL RIGHTS WARNINGS
(COMMONLY KNOWN AS "MIRANDA WARNINGS")
A. An officer is required to advise a person suspected of committing a crime of his or her
Constitutional Rights under the "Miranda Decision" before the person is questioned when:
1. The suspect is arrested and in custody.
2. When "custodial interrogation" exists.
B. Invocation of Miranda Rights:
1. When questioning a person suspected of committing a crime and he or she invokes the
right to council, questioning will cease immediately.
2. Questioning may continue only when the person being questioned reinitiates contact with
law enforcement.
3. The burden of proof is on law enforcement officials to prove the person being questioned
chose to reinitiate questioning.
C. The officer will read the Miranda Rights from a standard rights card supplied by the
Department prior to interviewing a person who is under arrest or in a custodial interrogation
situation.
Original issue: February 24, 1989, Arrest Procedures
Revised: September 23, 2025 Policy III-1
1. Miranda Rights cards are printed and issued in English and Spanish.
2. The interviewing officer ensures the person being interviewed is read the Miranda Rights
and interviewed in the appropriate language by an officer or investigator who is
3. The interviewing officer advises and explains each provision of the Miranda Rights to
ensure the subject comprehends what was said.
D. The officer requests the subject sign the rights card to acknowledge he or she understood
their rights.
1. When the subject refuses to sign or is violent and cannot be un-cuffed, the officer will write
“REFUSED” and/or “VIOLENT” on the rights card and explain the situation in the narrative
portion of his or her report.
2. A signed rights card is not necessary if the subject has waived his/her rights on video or
audio tape
E. The officer will enter the signed or witnessed rights card into evidence.
V. OFFICER DISCRETION:
A. Discretion may be used when an arrest would not be in the best interest of justice, fairness or
the welfare of the public.
1. Should any questions arise concerning a particular situation the officer involved will confer
with a supervisor.