08.13 Arrest Procedure

Page 1 of 9 ZEPHYRHILLS POLICE DEPARTMENT STANDARD OPERATING PROCEDURE Standard Operating Procedure: 08.13 Subject: Arrest Procedures Effective Date: July 14, 2022 Scope: Sworn Rescinds: 410.00 Revised: June 15, 2022 Reviewed: July 2, 2024 Pages: 10 CONTENTS: This procedure consists of the following numbered sections: I. Definitions II. General III. Arrest Without Warrant IV. Arrest With Warrant or Capias V. Search of Person Arrested VI. Residence Entry VII. Stop and Frisk VIII. Supervision of Suspects/Detainees/Arrestees IX. Arrestee Rights X. Concealed Weapon and Firearm License Check PURPOSE: The purpose of this standard operating procedure is to establish guidelines for effecting arrests. POLICY: The Zephyrhills Police Department's policy is to ma ke arrests in accordance with the law and this order to ensure officer safety and protect the rights of arrestees. I. DEFINITIONS A. Capias: A writ issued by a judge that commands an officer to take the body of a defendant into custody. B. Consent: A voluntary agreement to a request. Page 2 of 9 C. Fresh Pursuit: An ongoing attempt to effect the arrest of a person who has fled and is pursued by a law enforcement officer on foot or by vehicle. The term is also called hot pursuit. D. Warrant: A judicial writ authorizi ng an officer to execute a judgment or make a search, seizure, or arrest. II. GENERAL A. When arresting a suspect , the offic er shall advise the suspect of charges against them. The officer shall handcuff and search the suspect. B. During the investigation, the of ficer shall advise the suspect of their Miranda rights before interrogating them and attempting to obtain an oral and written confession (see section IX). C. The officer will follow the procedure for towing and impounding vehicles if the suspect is driving a vehicle . III. ARREST WITHOUT WARRANT A. According to Florida State Statute 901.15 - When arrest by an officer without a warrant is lawful, a law enforcement officer may arrest a person without a warrant when: 1. The person has committed a felony, misdemeanor, or violated a county or municipal ordinance in the officer’s presence (an arrest for commission of a misdemeanor or violation of a county or municipal ordinance must be made immediately or in fresh pursuit ). 2. A felony has been committed , and the officer reasonably believes that the person committed it. 3. The officer reasonably believes a felony has been committed or is being committed and that the person to be arrested has committed or is committing it. 4. A warrant for arrest has been issued and is held by another peace officer for execution. 5. A violation of FS 316 – Uniform Traffic Control has been committed in the presence of the officer. Such an arrest may be made immediately or in fresh pursuit. Any law enforce ment officer, upon receiving information relayed to him or her from a fellow officer stationed on the ground or in the air that a driver of a vehicle has violated FS 316, may arrest the driver for violation of those laws when reasonable and proper identifi cation of the vehicle and the violation have been communicated to the arresting officer. 6. There is probable cause to believe that the person has committed a criminal act according to s. 790.233 or according to s. 741.31, s. 784.047, or s. 825.1036 which violates an injunction for protection entered pursuant to s. 741.30, s. 784.046, or s. 825.1035 , or a foreign protection order accorded full faith and credit pursuant to s. 741.315, over the objection of the petitioner, if necessary. 7. There is probable cause t o believe that the person has committed an act of domestic violence, as defined in s. 741.28, or dating violence, as provided in s. 784.046. The decision to arrest shall not require the consent of the victim or consideration of the relationship of the parties. It is the public policy of this state to strongly discourage arrest and charges of both parties for domestic violence or dating violence on each Page 3 of 9 other and to encourage the training of law enforcement and prosecutors in these areas. A law enforcement officer who acts in good faith and exercises due care in making an arrest under this subsection, under s. 741.31(4) or s. 784.047, or pursuant to a foreign order of protection accorded full faith and credit pursuant to s. 741.315, is immune from civil liability that otherwise might result by reason of his or her action. 8. There is probable cause to believe that the person has committed child abuse, as defined in s. 827.03, or has violated s. 787.025, relating to luring or enticing a child for unlawful purposes. The decision to arrest does not require the victim's consent or consideration of the parties' relationship . It is the public policy of this state to protect abused children by stro ngly encouraging the arrest and prosecution of persons who commit child abuse. A law enforcement officer who acts in good faith and exercises due care