SECTION: 1006 LAW ENFORCEMENT ROLE AND AUTHORITY

SECTION: 1006

TITLE:     LAW ENFORCEMENT ROLE

AND AUTHORITY

EFFECTIVE DATE:  February 15, 2019

 

 

PURPOSE

 

This policy outlines the process and procedures to be considered and followed by the Deputies when making an arrest.

 

POLICY

 

1. An arrest is a restraint of greater scope or duration than an investigatory stop or detention. An arrest is lawful when supported by probable cause.

 

1. Deputies shall respect the constitutional rights of arrestees at all times while the person is in custody.

 

1. Deputies shall advise suspects of their Miranda Rights and alleged crime at the time of arrest, or prior to any custodial interrogation (see GO Miranda Rights).

 

1. Deputies shall arrest a suspect only when the Deputy has probable cause to believe that an offense has occurred and that the suspect committed the offense.

 

1. In effectuating an arrest, Deputies shall not rely on information known to be materially false or incorrect.

 

1. Deputies shall not consider race, color, ethnicity, national origin, religion, gender, disability, sexual orientation, or gender identity in effecting an arrest, except as part of an actual and apparently credible description of a specific suspect or suspects in any criminal investigation.

 

 

DEFINITIONS

 

Arrest.  The taking of one person into custody by another. To constitute arrest there must be an actual restraint of the person. The restraint may be imposed by force or may result from the submission of the person arrested to the custody of the one arresting him/her.  (La. C.Cr. P. Art. 201)

 

Arrest Report.  For purposes of this policy, an arrest consists of the completed incident report detailing the probable cause and essential elements of the offense(s) charged and linking the offense(s) to the person charges. The report shall be reviewed for accuracy and sufficiency by a supervisor and signed by the reviewing supervisor prior to the person who is charged, being booked at lockup. For purposes of arrest only for violations of municipal code, the arresting Deputy's sworn affidavit shall serve as the arrest report.

 

Exigent Circumstances.  A compelling urgency or true emergency that a Deputy can specifically describe not using vague terms or boilerplate language. Circumstances that cause a reasonable person to believe that prompt action is necessary to prevent injury to himself/herself or others.

 

Probable Cause.  The facts and circumstances known to the Deputy at the time which would justify a reasonable person in believing that the suspect committed or was committing an offense.

 

Protective Sweep. A cursory search that Police are allowed  to conduct when they arrest someone in order to ensure their own safety, and that of those on the scene, by searching in the vicinity of the arrest for individuals who may pose a threat. The scope of the protective sweep is limited by its purpose. Deputies may look only in areas where a person could be hiding. Protective sweeps must be cursory. The sweep can last only as long as it takes to dispel the suspicion of danger and can last no longer than it takes to arrest the subject and leave the premises.

Deputies may perform a cursory visual inspection of closets and other spaces immediately adjoining the location where an arrest takes place- places from which an attack by some concealed person that could "immediately be launched"-regardless of whether they have probable cause or reasonable suspicion  that an individual is actually present who poses a danger. Maryland v. Buie, 494 U.S. 325 (1990). Deputies may extend the protective sweep to areas beyond those immediately adjoining the location of an arrest only if they have an objectively reasonable belief, based on specific and articulable facts, that the additional area harbors an individual posing a danger to those on the arrest scene. In other words, Police must be able to point to facts that would lead a "reasonably prudent" Officer to believe that the area to be swept actually harbors someone posing a threat. (Maryland v Buie, supra.)

 

Search incident to arrest (SITA).  One of the exceptions to the general search warrant requirement of the 4th Amendment. The SITA exception is valid  if it occurs at the same time or shortly after the legal arrest and is limited to a search of the person arrested and the immediate area within which that person might gain possession of a weapon or destroy or hide evidence at the time of the search.

 

AUTHORITY TO ARREST

 

1. Pursuant to La. C. Cr. P. Art. 213, a Deputy may, without a warrant, arrest a person only when:

• (a) The person to be arrested has committed a criminal offense (felony or misdemeanor) for which the Deputy has jurisdiction;
• (b) The offense must take place in the presence of the Deputy or the Deputy must have probable cause to believe that the person to be arrested has committed an offense, although not in the presence of a Deputy; or
• (c) The Deputy has received positive and reliable information that another Officer from the State holds an arrest warrant, (felony or misdemeanor), or a Deputy of another state, or the United States hold an arrest warrant for a felony offense.

 

2. A Deputy in close pursuit (hot pursuit) of a person to be arrested may enter another jurisdiction in this state and make the arrest. Deputies shall abide by GO Vehicle Pursuits when considering a vehicle pursuit of a person to be arrested.

 

DEPUTIES' RESPONSIBILITIES

 

3. Deputies shall immediately (as soon as safety permits) notify a supervisor when effectuating:

• (a) A felony arrest;
• (b) An arrest in which the Deputy used a level of force reportable under GO for Use Of Force;
• (c) An arrest in which an arrestee complains of injury;
• (d) A custodial arrest in which the most serious violation was:
• n A vehicle infraction (under local ordinances or La. R.S. Title 32); or
• n Any of the following ordinances or State Laws:

1. Disturbing the Peace (La. R.S. 14:103);
2. Criminal Trespass (La. R.S. 14:63);

 

4. Patrol Deputies shall complete and submit all arrest reports before the end of their shifts.
5. Patrol Deputies shall complete all charging affidavits and ensure that they are signed by an approving supervisor as an "ex- officio notary" prior to booking.
6. Patrol Deputies may issue a citation in lieu of arrest for an ordinance.
7. Patrol Deputies may issue a citation in lieu of arrest in accordance with La. C. Cr. P. Art. 211 for a misdemeanor when:

 

• (a) The Deputy has reasonable grounds to believe that the person will appear upon summons.
• (b) The Deputy has no reasonable grounds to believe that the person will cause injury to himself or another or damage to property or will continue in the same or a similar offense unless immediately arrested and booked.
• (c) There is no necessity to book the person to comply with routine identification procedures.

 

If a Deputy is issuing a summons for a felony theft or possession charge valued less than one thousand dollars, the Deputy must first ascertain that the person has no prior criminal convictions.

 

8. Patrol Deputies may issue a citation in lieu of arrest in accordance with La. C. Cr. P. Art. 211 for a felony charge of theft or illegal possession of stolen things then the thing of value is five hundred dollars or more but less than one thousand dollars, when:

 

• (a) The Deputy has reasonable grounds to believe that the person will appear upon summons.
• (b) The Deputy has no reasonable grounds to believe that the person will cause injury to himself or another or damage to property or will continue in the same or a similar offense unless immediately arrested and booked.
• (c) There is no necessity to book the person to comply with routine identification procedures.

   

 If a Deputy is issuing a summons for a felony theft or possession charge valued less than one thousand dollars, the Deputy must first ascertain that the person has no prior criminal convictions.

 

NOTE:  When conducting a law enforcement encounter with a citizen, the Deputy's Body Worn Camera SHALL BE ACTIVATED as soon as possible prior to the initiation of the law enforcement encounter. (See police on Body Worn Camera Recording Devices ( Sec.521).

 

SUPERVISOR'S RESPONSIBILITIES

 

9. Transporting a prisoner or suspect to a police facility shall be approved by a supervisor prior to transport and shall follow the restrictions and guidelines of GO Prisoner.

 

Transporting and Guarding.

 

10. The arresting Deputy's supervisor (shift supervisor or Patrol Deputy) shall approve or disapprove the Deputy's arrest recommendation based on the existence of probable cause and consistency with Evangeline Parish Sheriff regulations.

 

11. Those arrests approved by a supervisor shall reflect the approval by the supervisor's signature on the incident report for State arrests and the supervisor's signature on the sworn affidavit for municipal arrests, or the approvals of supervisors in the Records Management System (EFORCE).                                                             

 

12. When a supervisor disapproves of an arrest, he/she shall take appropriate action to address violations or deficiencies in the Deputy's arrest recommendation, which shall include:
13. a) Requiring additional investigation before the final determination to arrest or release is made;
14. b) Releasing the subject (if additional investigation does not support lawful arrest);
15. c) Taking non-disciplinary corrective action for the involved officer; and/or
16. d) Referring the incident for administrative or criminal investigation.

 

13. 13. The supervisor shall document corrective action or initiate a formal disciplinary investigation (see Complaint Intake and Investigation). For each subordinate, the supervisor shall track each violation or deficiency and the corrective action taken to identify Deputies needing repeated corrective action. Supervisor shall initiate a formal disciplinary investigation as appropriate. Through these mechanisms, supervisors shall document corrective action for all arrests that:

 

1. a) Are unsupported by probable cause;
2. b) Violate Evangeline Parish Sheriff's Office policy regulations; or
3. c) Indicate a need for corrective action or review of agency policy, strategy, tactics, or

 

14. Shift supervisor shall review each arrest report made by Deputies under their command and shall appropriately document their review within 12 hours of submission. The supervisor shall track each violation or deficiency and the corrective action taken to identify Deputies needing repeated corrective action. Supervisors shall initiate a formal disciplinary investigation as appropriate.

 

15. Supervisors shall review arrest reports and forms for:
16. a) Boilerplate or pat language indicating a reliance on canned phrases instead of an articulation of specific facts to support individualized suspicion and cause;
17. b) Inconsistent information and;
18. c) Lack of probable cause, or other indications that the information in the reports or forms is not current, authentic, or correct.

 

16. Absent exceptional circumstances, supervisors shall:
17. a) Approve arrest reports that meet all legal and departmental standards and do not require additional investigation or clarification and
18. b) Disapprove and, as appropriate, return for corrections and additions any arrest reports that are incomplete, do not meet all legal and department standards, and/or require additional investigation or clarification.

 

17. The supervisor shall ensure that each violation or deficiency is noted in the Deputy's annual performance evaluation(s).

 

18. The quality of these supervisory reviews shall be taken into account in the supervisor's own performance evaluations. Commanders shall take appropriate corrective or disciplinary action against supervisors who fail to conduct timely, reviews of adequate and consistent quality.

 

DIVISION CAPTAIN'S RESPONSIBILITIES

 

19. 19. A Captain shall review, in writing, all supervisory reviews that relate to arrests that:
20. a) Are unsupported by probable cause;
21. b) Are in violation of Evangeline Parish Sheriff's Office policy; or
22. c) Indicate a need for corrective action or review of agency policy, strategy, tactics, or training.

 

20. The Captain's review shall be completed with seven (7) days of receiving the document reporting the event.

 

21. 21. The Captain shall evaluate the corrective action and recommendations in the supervisor's corrective action and ensure all appropriate corrective action is taken, including referring the incident for investigation if appropriate.

 

22. Evangeline Parish Sheriff's Office shall track, centrally, the Evangeline Paris Court, City Court, District Attorney's Office(DA) acceptance and refusal rates of arrests made by Evangeline Parish Sheriff's Office and the reasons for refusals when made available by the Judge or DA.

 

23. Captains shall be held accountable for referring for administrative investigation any information regarding specific incidents of possible Deputy misconduct related to Deputy arrest noted in the court or DA's reasons for refusal.

 

ARREST WITHIN RESIDENCE/DOMICILE

 

24. Arresting a person from inside his/her own residence/domicile without an arrest warrant is permissible only if one or more of the following exceptions is/are met:
25. a) Consent to enter the residence is give by a person who shares access and control of the premises. The burden is on the Deputy to ascertain whether the person granting access has the right to give permission (see Search and Seizure and Consent to Search).
26. b) Exigent Circumstances (e.g., hot pursuit, spontaneous violence, prevention of a crime, or imminent escape to avoid apprehension).

 

25. 25. An arrest warrant is required prior to arresting a person from within a residence not his/her own, absent hot pursuit, consent to enter, exigent circumstances, or a search warrant for that location naming the wanted person as the thing to be seized.

 

26. The arrest warrant(s) must name the person(s) wanted.

 

27. Deputy's must reasonably believe the person(s) is within the residence at the time of entrance.

 

A Deputy may perform a limited protective sweep subsequent to an in-residence arrest in a private dwelling to determine whether there are individuals present who pose a danger to Deputies and others present at the scene of the arrest. The sweep may extend to only a cursory visual inspection of those spaces where a person may be found, and the sweep must last no longer than it takes to complete the arrest and depart the premises (see Maryland v. Bule, 494 U.S. 325 (1990))

 

SEARCH INCIDENT TO AN ARREST

 

28. A search incident to arrest (SITA) is permissible after a lawful custodial arrest. This warrantless search is an exception to general 4th Amendment search warrant requirement. It does not matter what offense the person is being arrested for as long as the arrest is legal, the search incident to arrest is allowed.

 

29. There are two valid purposes for conducting searches incident to arrest:
30. a) To protect the Deputy and other person(s) in the vicinity from any dangerous items in the possession of the person arrested, or
31. b) To prevent the destruction of evidence within the reach of the person being arrested.

 

30. 30. Deputies shall conduct a search of any person or persons placed under a lawful custodial arrest.

 

31. The scope of the search incident to arrest extends to the immediate areas in which the arrestee might obtain a weapon or evidentiary items, including clothing, purses, and wallets of the arrested, the search may be for weapons, evidence, or a means of escape.

 

32. 32. The United States Supreme Court, in Arizona v. Gant 129 S. Ct. 1710 (2009), ruled that police may search the passenger compartment of a movable vehicle to a recent occupant's arrest only if:
33. a) The arrestee is within reaching distance of the passenger compartment at the time of the search; or
34. b) It is reasonable to believe the passenger compartment of the vehicle contains evidence of the offense of arrest.

 

33. Deputies may conduct a limited search of the passenger compartment of a vehicle for weapons if the Deputy has reasonable suspicion that an individual, whether or not the arrestee, is dangerous and might access the vehicle to gain immediate control of weapons. The search must be limited to those areas in which a weapon may be placed or hidden.

 

34. 34. Otherwise, Deputies may not search vehicles, even incident to arrest unless the Deputy has obtained a warrant or can show that another exception to the warrant requirement applies.

 

35. 35. All searches must comport with the requirements of Search and Seizure. Deputies should realize that the search of a person is inherently demeaning, therefore Deputies shall make all efforts to conduct the search with dignity, courtesy, and in a professional manner that does not compromise the Deputy's safety.
36. 36. Whenever practicable, a Deputy of the same gender as the person being searched should conduct the search. If a Deputy of the same gender is not reasonably available, a witnessing Deputy or supervisor shall be present during any search of a person not of the same gender as the searching officer

 

WANTED PERSONS - SUMMONS IN LIEU OF ARREST

 

37. A summons may be issued in lieu of a custodial arrest pursuant to La.C.Cr.P. Art. 211 (summons by officer instead of arrest and booking) and when authorized by Department policy.

 

ADULT ARREST   STATE FELONY AND/OR MISDEMEANOR

 

38. The arresting Deputy shall check the arrested person's name and/or identification information in all available arrest record bases.

 

39. All state felony and misdemeanor arrestees shall be transported to the Evangeline Parish jail for processing as soon as possible after arrest.

 

40. The arresting Deputy shall document all state felony and misdemeanor charges in an incident report. The arresting officer shall complete an incident report for each arrested person.

 

41. 41. The face sheet of the incident report shall be photocopied at Evangeline Parish jail and a copy left with the receiving jailer.

 

42. 42. Any person arrested or detained in connection with an investigation or commission of any offense shall be advised fully of the Deputy's authority, and the reason of his/her arrest or detention. If he/she will be interrogated, the arrestee shall be given his/her Miranda warnings (see Miranda Rights).

 

ADULT ARRESTS WITHOUT A WARRANT - STATE MISDEMEANOR AND FELONY

 

43. The arresting Deputy shall prepare a detailed affidavit the time of arrest and shall complete a full arrest report before the end of shift.

 

44. 44. A photocopy of the completed and signed affidavit arrest warrant with is left with Evangeline Parish jail personnel at the time the prisoner is left.

 

45. The original face sheet is attached to and noted in the narrative section of the incident report.

 

46. Affidavits/summonses for arrests for violations of state misdemeanors and municipal ordinances are completed in accordance with - Affidavits and Summons and Arrest Warrant Wanted Person

 

47. In situations where a Deputy has detained an individual and verified a warrant or attachment on that individual from a jurisdiction within the State of Louisiana other than Evangeline Parish, the Deputy shall follow these guidelines:
48. a) If the originating agency states that it will pickup the individual, the Deputy shall physically arrest, book, and process the individual in accordance with this policy.
49. b) If the originating agency does not confirm that it will pick up the individual, the Deputy shall not book the individual and shall notify the individual the status of the outstanding warrant or attachment.

 

ARREST ORIGINATAING WITHIN EVANGELINE PARISH OF ADULT WANTED PERSONS

 

48. If a Deputy locates a person wanted for an offense that occurred within Evangeline Parish, the Deputy shall verify the person is wanted prior to arrest.

 

49. Personnel at Evangeline Parish Sheriff's Office shall obtain a copy of the arrest warrant.

 

50. If a prisoner is left at Evangeline Parish jail for booking without the arresting Deputy knowing there is an outstanding arrest warrant the following procedure(s) will apply:
51. c) If the arresting Deputy is on duty, he/she will be notified to return to Evangeline Parish jail and charge the prisoner with the criminal violations detailed in the warrant. The Deputy shall complete all paperwork required including all necessary supervisor approvals and signatures.
52. d) If the arresting Deputy is off duty, the next available Deputy at Evangeline Parish jail shall re-charge the prisoner with the criminal violations detailed in the warrant. The Deputy shall complete all paperwork required including all necessary supervisor approvals and signatures.

 

51. 51. The following procedure shall be followed when charging a prisoner with additional violations:
52. e) Verify the individual to be charged it still in the custody of the Evangeline Parish Sheriff's Office.
53. f) Complete an Incident Report to include each individual item number under which the prisoner is being additionally charged;
54. g) Hand deliver a copy of the supervisor approved incident report containing the information to Evangeline Paris jail; and
55. h) Prepare an original Incident Report or supplemental report(s) as required for each additional charge.

 

CANCELLATION BULLETINS

 

52. If the warrant(s) is local (Evangeline Parish charges), the Warden's Secretary shall send a cancellation bulletin for an arrest based upon a verified warrant/crime bulletin and affecting an arrest. The cancellation bulletin contains the disposition of the arrest (physical arrest or summons issued); if a summons was issued the summons number is noted in the bulletin.