Arrest

The purpose of this policy is to provide police officers with basic guidelines for conducting arrests.

Policy: Arrest

Author: Chief Joseph M. Hallman

WILEAG Standard: N/A

Issue Date: March 29, 2013

Reviewed Date: March 19, 2026

Revised Date: March 19, 2026

 

Purpose:

The purpose of this policy is to provide police officers with basic guidelines for conducting arrests.

Policy:

It is the policy of this department that all arrests made by departmental personnel shall be conducted professionally and in accordance with established legal principles. In furtherance of this policy, all officers of this department are expected to be aware of, understand, and follow the laws governing arrest. This policy sets forth the fundamentals of the arrest procedure.

Definitions:

1. Arrest- The taking custody or detaining of a person by word or action so as to subject his or her liberty to the actual control and will of the person making the arrest for a Law or Chapter 18 violation.
2. Arrest Warrant- A written order issued by a judge, magistrate, or other proper authority that commands a law enforcement officer to place a person under arrest.
3. Body Cavity Search- A search of the interior of the anus or vagina.
4. Cursory Search- This is a pat down search of a person taken into custody for the purpose of finding weapons or items that could be used as weapons so that the officer’s safety is enhanced.
5. Exigent Circumstances- A situation in which a police officer must take immediate action to effectively make an arrest, search, or seizure for which probable cause exists, and thus may do so without first obtaining a warrant. Such emergency situations are those that “would cause a reasonable person to believe that entry (or relevant prompt action) was necessary to prevent physical harm to the officers or other persons, the destruction of relevant evidence, the escape of the suspect, or some other consequence improperly frustrating legitimate law enforcement efforts.”
6. Investigative Detention- Temporary detention for investigative purposes of a person based upon reasonable suspicion that the person has committed, is committing, or is about to commit a crime, under circumstances that do not amount to probable cause for arrest (also known as a Terry Stop).
7. Prisoner- Any person taken into custody either physically or verbally for a legal reason.
8. Probable Cause for Arrest- When facts and circumstances within an officer’s knowledge are sufficient to warrant a prudent person, or one of reasonable caution to believe that the suspect has committed, is committing, or is about to commit an offense.
9. Reasonable Suspicion- A particularized and objective basis, supported by specific and articulable facts, for suspecting a person of criminal activity; the degree of suspicion of criminal activity that justifies an investigative detention but not an arrest.
10. Strip search- A search in which a detained person’s genitals, pubic area, buttock, anus, or a detained female’s breast, is uncovered and either is exposed to view or is touched by a person conducting the search.

Procedures:

1. Basis for Arrest- Officers shall conduct arrests only when based upon either probable cause or an arrest warrant.
   1. Probable Cause
      1. Probable cause for arrest may be established by one of the following:
         1. Observations of the officer
         2. Information or evidence obtained during an investigative detention (Terry stop) or during a consensual citizen contact
   2. An identified citizen’s specific complaint
   3. Information provided by a police informant of proven reliability
   4. Information provided by other law enforcement sources
   5. Officers Shall not make any arrest based solely upon the following
      1. Information received from an anonymous source
      2. Mere suspicion, not amounting to probable cause
   6. Arrest Warrants
      1. Except when a warrantless arrest is justified by the existence of probable cause, arrests shall be made under an arrest warrant.
      2. Arrest warrants shall be obtained from the judge, magistrate, or other legal authority empowered to issue such warrants in this jurisdiction.
      3. Such warrants shall be in the form prescribed by the law of this jurisdiction and shall adequately identify the person to be arrested. The warrant shall also provide such other information as is required by law.
      4. Any officer to whom an arrest warrant is delivered shall examine it to ensure that it is in proper form, that all information required by law is provided, and that the warrant appears to be valid. The officer shall also take note of any restrictions placed upon the arrest by the language of the warrant.
      5. The officer will also request confirmation of a valid warrant prior to making an arrest from dispatch.
   7. Once received, an arrest warrant shall be executed without delay, except as otherwise may be required by the circumstances of the case.
   8. No arrest shall be made at a time or in a manner contrary to any express limitations included in the warrant.
   9. In addition, no arrest shall be made in a manner or at a time or place prohibited by any of the following:
      1. Departmental regulation
      2. State or local legislation
      3. Applicable court decisions
   10. Arrests shall be made at a time and place and in a manner that will maximize the probability of a successful arrest and minimize the danger to officers and innocent bystanders.
   11. Whenever possible, arrests shall be made in a location where the arrest will not pose a threat to the safety of the public (e.g., not in crowded places where bystanders may be injured should the arrestee offer resistance, particularly resistance involving the use of firearms).
   12. No officer shall enter premises owned or occupied by a third person to make an arrest unless the officer has a separate legal basis for entering the premises. Such a basis may be provided by any of the following:
       1. Possession by the officer of a search warrant for those premises
       2. Consent of a person empowered by law to give such consent
       3. Exigent circumstances
2. Use or Show of Force During Arrest
   1. Officers shall use only that level of force that they reasonably believe is necessary to make an arrest in accordance with this department’s use-of-force policy.
   2. Weapons shall be displayed during an arrest only where it is reasonably believed necessary to ensure the safety of the officers or others and the successful completion of the arrest.  Pointing a firearm at a suspect is governed by this agency’s use of force policy.
3. Informing/Mirandizing Arrestees
   1. The arresting officers shall identify themselves, inform the suspect of his or her arrest, and specify the charges for which the arrest is being made. Officers not in uniform shall display their shields and credentials when making the arrest to ensure proper identification.
   2. Arrestees shall be advised of their Miranda rights before any questioning. Those rights should, whenever reasonably possible, be read verbatim from a standardized departmentally approved form.
   3. A waiver of the Miranda rights must be obtained before any questioning of an arrestee can begin. The waiver must be unambiguous, that is, clearly stated or conveyed to interrogating officers. Failure to make an explicit, affirmative invocation of these rights, by remaining silent or through other ambiguous means, does not constitute an invocation of Miranda rights.
   4. If the suspect waives Miranda rights, he or she shall be requested to sign the departmental waiver form. Failure to sign shall be noted on the form by the interrogating officer and does not, in itself, preclude officers from proceeding with an interrogation.
   5. If the arrestee has not waived his or her Miranda rights, no questioning shall be conducted beyond that necessary to accomplish the booking procedure (name, address, and so forth).
   6. If the arrestee declines to waive his or her Miranda right to counsel, or if the arrestee, after waiving that right, elects to reassert it, questioning must cease immediately and no further questioning may be conducted with regard to the crime for which the arrest was made, for any other crime, or by any other law enforcement agency unless an attorney representing the arrestee is present during questioning, the arrestee voluntarily initiates a further interview, or the arrestee has been subject to a break in custody of 14 days or more.
   7. If the arrestee has not waived his or her Miranda rights, officers in the presence of the arrestee shall refrain from engaging in conversation among themselves that is calculated to elicit incriminating statements or admissions.
4. Arrestee Requests
   1. Following the arrest, officers shall not permit arrestees to leave the immediate area of the arrest for personal purposes (e.g., to get a coat). In exceptional cases where it is deemed necessary to grant the arrestee’s request, the arrestee shall first be searched for weapons and then be accompanied and closely monitored by the arresting or other officers
5. Safety Precautions
   1. Officers shall approach every arrest situation with the knowledge that any arrest, regardless of the offense involved may present an element of danger. Therefore, officers making arrests shall take all reasonable precautions to ensure their own safety.
   2. Restraint of the Arrestee
      1. Handcuffing
         1. Arrestees shall be handcuffed behind the back with the following exceptions:
            1. Alternate measures may be used with a juvenile, elderly, handicapped or injured person after considering the seriousness of the offense, the likelihood of escape and the potential threat to the officer prior to handcuffing the person.
            2. Arrested persons may be handcuffed in front of their body in conjunction with a properly fitted restraint belt.
         2. Arrestees may also be restrained if they are violent or pose the threat of violence by being shackled to an ambulance cot with arm and leg restraints in accordance with EMS or medical facility policies.
         3. Violent prisoners, mentally disturbed individuals, or prisoners who will be transported by vehicle for an extended period of time, may necessitate the use of waist belt cuffs or ankle restraints.
         4. Arrestees shall not be handcuffed to any part of a moving vehicle.
         5. Arrestees shall not be restrained in the four-point restraint unless the arrestee is uncontrollable by other means readily available.  A four-point restraint is defined as the hands and ankles bound behind an individual’s back. If a four-point restraint is deemed necessary, the arrestee shall be placed on his or her side once bound and monitored for potential physical problems such as difficulty in breathing.
   3. Search Incident to Lawful Arrest
      1. A search "Incident to a lawful arrest" requires that the search shall occur as soon as practicable after the arrest.  The search shall be made at or near the place of arrest.  Searches made of the premises or vehicle the person was in at the time of the arrest shall be made while the person arrested is still at the location of the arrest.  A search of the arrested person may occur after the person has been transported to the police department or a detention facility.
      2. "Lawful arrest," for the purpose of a search incident to an arrest, means any arrest action to include the issuance of a citation or summons if the person is taken into physical custody.
      3. State Statute permits an officer to "reasonably search the person arrested and an area within such person's immediate presence for the purpose of:
         1. Protecting the officer from attack.
         2. Preventing the person from escaping.
         3. Discovering and seizing the fruits of the crime.
         4. Discovering and seizing any instruments, articles or things which may have been used in the commission of, or which may constitute evidence of the offense.
      4. The area within an arrested person's immediate presence can be defined as that area within lunge, reach, or grasp of the person at the time of the arrest.
      5. The search for items that support evidence of the crime may include the entire passenger compartment of a motor vehicle when the subject is still present at the scene.
         1. The search may include locked or unlocked glove box or containers in the passenger compartment.
         2. The search may not extend to the trunk unless the trunk is readily accessible from the passenger compartment of the vehicle or unless the search is supported by probable cause to search.
      6. Officers shall conduct a thorough search of the person arrested. 
      7. Body Cavity and Strip Searches (Reference Strip Search Policy)
      8. Whenever possible, searches incident to arrest shall be conducted by officers of the same gender as that of the person being searched.
   4. Protective sweeps of the premises or area where the arrest occurs shall be performed to ensure that no other persons or weapons are present that may represent a danger to the officers or the arrestee.
      1. Officers should be prepared to articulate the reasons for the protective sweep.
   5. Post-Arrest Protection
      1. Officers shall be aware that, following an arrest, they are legally responsible for the safety of the arrestee, any victims present, and all bystanders. Therefore, officers shall take all steps reasonably necessary to protect:
         1. the officer from the arrestee,
         2. victims and third persons from the arrestee, an
         3. the arrestee from self-injury or injury by others.
   6. In particular, officers shall not allow victims into close proximity with the arrestee and shall prevent bystanders from approaching the arrestee until the arrestee is transported from the scene. In addition, officers shall not allow the arrestee out of their immediate presence for any reason until the arrestee is properly secured and transported.
6. Transportation of Detainees/Prisoners
   1. Please refer to the Prisoners & Detainees policy
7. Release after Arrest
   1. If, after an arrest, it becomes apparent that there is no probable cause to hold the arrestee, the arrestee may be released, under the following conditions:
      1. The officer is satisfied that there are insufficient grounds for making a criminal complaint against the person arrested.
      2. The decision is made by a supervisor
      3. If the person is released, police shall ensure that the person is released at a safe location and is not otherwise placed at risk as a result of the incident. If necessary, police should provide transportation for the released person to a safe location.
      4.  Any record of arrest of a person released shall include a record of the details of the release.
8. Investigative Detentions
   1.  Officers shall conduct an investigative detention based upon reasonable suspicion that the person detained has committed, is committing, or is about to commit a crime.
   2. Officers shall not prolong the investigative detention beyond the period necessary to accomplish the purpose of the detention.  Officers shall be aware that prolonging an investigative detention unnecessarily may cause a court to view the detention as an unlawful seizure if probable cause does not exist for an arrest.
   3. Officers shall take precautionary measures for their own safety during an investigative detention, including display of firearms or handcuffing the detainee. Officers shall be aware that unnecessary or prolonged display of firearms, handcuffing, and so on during the investigative detention may cause a court to view the detention as an actual arrest.
   4. Officers who reasonably believe that a person under investigative detention may pose a threat to their safety shall conduct a frisk or pat-down search of the detainee’s clothing for weapons. Officers shall not conduct any further search of an investigative detainee unless and until it appears that there is probable cause for the arrest of the detainee.
   5. If during the investigative detention, it becomes apparent that there is probable cause to believe that the detainee has committed a criminal offense, the detainee shall then be placed under arrest, and the procedures for arrest set forth in this policy, including the procedures for a search incident to an arrest, shall then be followed by the arresting officers.