Police Department Policy

III-1 - The West Palm Beach Police Department has the responsibility and duty to make arrests based

West Palm Beach Police Department

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.

Why Attorneys Choose FlawFinder

Side-by-side with Westlaw and LexisNexis

FeatureWestlawLexisNexis
Monthly price$19 - $99$133 - $646$153 - $399
ContractNone1-3 year min1-6 year min
Hidden fees$0, alwaysUp to $469/search$25/mo + per-doc
Police SOPs✓ 310+ departments
Zero-hallucination AI✓ CitationGuard
CancelOne clickTermination feesNo option to cancel
FlawFinder provides legal information, not legal advice. Consult an attorney for specific legal guidance.