doc_1835948

WINDERMERE POLICE DEPARTMENT GENERAL ORDER Effective Date: September 27, 2022  Rescinds Amends 7.1 ( April 16, 2018 ) Number: 7.1 SUBJECT: Arrests and Prisoner Transport Print Date: 09/27/2022 Distribution: All Personnel Review Month: September This order consists of the following: 1. Purpose 2. Policy 3. Procedure 1. Purpose It is the purpose of this policy to provide guidelines for arrests, arrest alternatives, and proper handling of prisoners including transport . 2. Policy It is the policy of the Windermere Police Depart ment to make arrests within the guidelines of Florida Statutes , and to use alternatives to arrest whenever allowable under statute and the written directives of the department. It is also the policy of the department to handle the transport of prisoners in a humane and efficient manner. 3. Procedures A. Arrests 1. Use of Discretion The nature of providing law enforcement services to the public requires that members use discretion in many instances of public contact. Discretionary decisions by individuals and members often form the basis for actions. The department and the public mu st depend on the good judgment of each member. However, discretionary decisions must also be 7.1, Page 2 based upon the written directives of this department. Each member will be held accountable for the use of discretion and should be prepared to justify discretion ary decisions. Uniform application of the law is a primary element in the use of discretion. Whether the situation involves a use of force, a decision to arrest, the detention of a traffic violator, or the handling of a routine call or service request, t he member's actions shall be consistent with good judgment, equal protection under the law, restraint, and understanding. 2. Misdemeanor Offenses Members are encouraged to use discretion in the performance of their assigned duties, taking into considera tion the conditions present at the time, the constraints of existing policy, statutes, laws, and / or ordinances pertaining to the situation, and the available alternatives. a. Refusal to Sign Documentation An accused person who has been properly ident ified and refuses to sign a Notice to Appear or criminal traffic citation, or provide sufficient information for a misdemeanor citation shall be arrested, transported, and booked into the county jail. b. Mandatory Arrests Persons arrested for misdemeano r charges may be issued a Notice to Appear (NTA) unless any of the following circumstances apply. 1. The subject is a known habitual offender 2. The offense was violent in nature 3. The member has reason to believe the accused will repeat the offense if left at liberty 4. The accused exhibits violent or disorderly behavior 5. The accused has no valid address 6. The accused has previously failed to respond to a notice or summons 7.1, Page 3 7. The accused fails to sign a Notice to Appear 8. The accused is unable to provide sufficient identification 9. The accused is a juvenile 3. Felony Offenses Members are encouraged to make felony arrests unless there exists a valid law enforcement purpose to delay the arrest (e.g., on -going investigations, case preparation, etc.). 4. Decision to Arrest The decision regarding an arrest should be made after careful consideration of the following factors. a. Whether the offense can best be handled through informal means (e.g., warnings or talking with the parents of a juvenile offender). b. The seriousness of the crime committed. c. Tactical consideration for the member's and / or public safety. B. Alternatives to Arrest [2.02 -POC ] 1. Preferred Policy It is the preferred policy that adult persons arrested for misdemeanors, Town Ordinance violations, or misdemeanor crim inal traffic offenses (except DUI), be released at the scene of arrest with a Notice to Appear or criminal traffic citation rather than be booked into the county jail unless the arresting member has specific grounds to justify physical arrest and booking. Examples include, but are not limited to: DUI, DWLS with Knowledge, Domestic related mandatory arrest procedures, etc. 2. Felony Offenses Members may use discretion in making physical arrests of felony offenders under the following circumstances: 7.1, Page 4 a. When additional information / investigation is needed b. On-going long term investigations c. When cases are filed with the State Attorney’s Office d. Tactical consideration for the members and / or public safety 3. Marchman or Baker Act Members may initiate an involuntary confinement in a medical care facility under the Marchman Act or Baker Act as an alternative to arrest if the criteria exist. 4. Juveniles Arrest alternatives for juveniles i nclude a Notice to Appear (NTA) or a Juvenile Civil Cita tion. a. Juvenile Civil Citation JCC is the primary alternative to avoid placing the juvenile into the traditional juvenile justice system for qualifying misdemeanor offenses. The civil citation program still holds the juvenile accountable for their actions; however, successful completion of the program will alleviate an arrest record. If the juvenile fails to complete the program, Juvenile Court Administration forwards the case to the State Attorney’s Office for prosecution. If an officer decides not to issue a JCC on an otherwise eligi ble juvenile, the reason, to include the evaluating factors, will be clear