Arrests

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FOX CITY POLICE DEPARTMENT
POLICY AND PROCEDURES

Effective Date
01-01-2008

Policy Number
Policy 9-1

Reevaluation Date
2011

No. of Pages
11

Subject

ARREST

Special Instructions:

Replaces current policy Section II, Chapter III, dated 09-29-03

PURPOSE

The purpose of this policy is to define the authority of officers to make arrests and to establish procedures for effecting arrests with and without a warrant. Such procedures will serve to ensure the protection of all citizens’ rights and privileges during arrest situations.
POLICY

It is the policy of the Fox City Police Department that officers will investigate violations of state laws and municipal ordinances. Officers will make arrests for such violations in accordance with the Constitution of the United States and the State of Wisconsin; federal, state and municipal legislation; and department policy.
DEFINITIONS
Arrest:

The act of depriving a person of his/her liberty by legal authority for a civil or criminal law violation. A non-custodial detention for the purposes of issuing a citation or summons is also considered an arrest.

Close Pursuit:

Is the same as fresh pursuit, but the officer follows the suspect across state lines. The officer must have probable cause for a felony arrest. (Wisconsin Statue 976.04 – Uniform Act on Close Pursuits)

Crime:
Conduct that is prohibited by the State and punishable by fine or imprisonment, or both.

Felony:
A crime punishable by imprisonment in a state prison. In order to confine a person in a state prison, the offense must be punishable by minimum imprisonment of one year or more.

Forcible Entry:
Any entry where an officer uses force to enter, including the mere turning of a doorknob of a closed unlocked door.

Fresh Pursuit:
Pursuit by an officer of a defendant initiated immediately upon observation of a crime by an officer. Information an officer receives from a witness to a crime may also be the basis for the pursuit. Wisconsin State Statute 175.40(2) permits a peace officer in fresh pursuit to follow anywhere in the state and arrest a person for violating any law or ordinance that the officer is authorized to enforce.

Hot Pursuit:
The attempt to arrest a person for a felony begins in a public area, but moves to a private area due to the suspect’s flight from officers. Officers may not utilize hot pursuit for misdemeanor or ordinance violations (A public area can be a suspect standing inside his front door area with the door open.)

Jurisdiction:
For purposes of this policy, jurisdiction means the corporate limits of the City of Fox City. If the Foxmoore County Sheriff has deputized Fox City Police Officers, then jurisdiction would mean all of Foxmoore County. Foxmoore PD officers are deputized while on duty but not off duty.

Misdemeanor:
A crime for which the maximum punishment includes confinement in the county jail up to one year.

Ordinance Violation:
A violation of a law passed by a city or county legislation that is punishable by forfeiture. An ordinance violation is not a crime. While many ordinances are taken verbatim from state statutes, a subject charged with an ordinance violation is not being charged with a crime, and therefore, not with a misdemeanor or felony.

Probable Cause:
Probable cause exists when the facts and circumstances within the arresting officer’s knowledge are sufficient to warrant a prudent person to believe a suspect has committed, is committing, or is about to commit a crime. Probable cause is synonymous with reasonable grounds.
PROCEDURES
1. Authority to Arrest
2. 1. A law enforcement officer may arrest a person when:
  2. 1. The officer has a warrant commanding the arrest of that person.
    2. The officer believes, on reasonable grounds, that there is a warrant for the person’s arrest in this state.
    3. The officer believes, on reasonable grounds, that there is a felony warrant in another state for the person’s arrest.
    4. The officer has reasonable grounds to believe that the person is committing or has committed a crime, or is violating or has violated an ordinance.
  3. Section 968.07(2) Wisconsin Statutes provides that “A law enforcement officer making a lawful arrest may command the aid of any person, and such person shall have the same power as that of the law enforcement officer.”
  4. Expander of Jurisdiction Consistent with Section 175.40(6) Wisconsin Statutes, an officer outside of their jurisdiction may arrest a person or provide assistance anywhere in the state, if all of the following criteria are met:
  5. 1. Officer is on duty and on official business.
    2. Officer is taking action that he/she would be authorized to take under the same circumstances in his or her territorial jurisdiction.
    3. Officer is acting to respond to any of the following:
    4. 1. An emergency that poses a significant threat to life, or bodily harm.
      2. Acts that the officer believes, on reasonable grounds, constitute a felony.
  6. The officer providing assistance under this paragraph will promptly notify and cooperate with the law enforcement agency of that jurisdiction regarding arrests made and other actions taken. If an officer acts under this paragraph, he/she will notify the Chief of Police or designee as soon as practical and complete a report documenting the incident.
  7. An officer, when working an off-duty assignment in the City of Fox City in full uniform that is approved by the Chief of Police, has the same arrest authority as when on duty.
  8. An officer making an arrest will use only that force reasonably necessary to affect the arrest. (Refer to the Use of Force policy.)
3. Positive Identification
4. 1. It is the responsibility of every officer making an arrest to confirm the identity of the person in custody.
  2. Accomplish identity confirmation through a variety of means that include:
  3. 1. Photograph identification card.
    2. Corroboration by a responsible party.
    3. Successful responses to corroborating questions.
    4. Confirming scars marks or tattoos through department records or CIB/NCIC warrant entries.
    5. Fast ID System.
    6. Obtain in-house photo.
  4. Officers will make continual attempts to verify a person’s identity. If unable to confirm the person’s identity, officers may continue to detain a person until verifying his/her identity, or there is probable cause to place the person under arrest. A person arrested who is unidentifiable will be booked and referred to as “John Doe” or “Jane Doe.”
  5. Fast ID System
  6. 1. Fast ID is a device that uses biometric technology to capture the index fingerprints of a person, encode the fingerprints, and send the results to a server at the Wisconsin Department of Justice. If a person has an arrest record on file with the Wisconsin Crime Information Bureau (CIB), their CIB number will be displayed on the unit. Officers can then run a criminal history check on the CIB number and determine the person’s identity.
    2. Since use of Fast ID requires transportation of a person to the police station, it shall only be used in the following circumstances when an officer is in doubt as to the person’s identity:
    3. 1. Any arrested person.
      2. Any person who will receive a municipal or traffic citation.
      3. Any person who will be charged at a later time and will be released after identification.
      4. Any person who voluntarily agrees to be brought in for identification.
    4. A person brought to the station for identity verification with the Fast ID system who is arrested or will be charged, shall be processed as directed in Paragraph L.
5. Arrest With a Warrant
6. 1. Officers may lawfully serve an arrest warrant at any time. It is mandatory that officers arrest persons who have warrants commanding their arrest.
  2. An officer may not go outside their jurisdiction in order to serve a warrant unless:
  3. 1. In fresh pursuit of the person to be arrested.
    2. The Foxmoore PD officer is acting in conjunction with an officer from the other jurisdiction.
  4. Possession of the actual warrant is not necessary as long as the arresting officer is aware of the warrant’s issuance. The arresting officer will confirm the validity of the warrant with the teletype operator. The officer will inform the arrested person of the warrant’s nature. A copy of the warrant will be provided to the arrested person when available.
  5. Temporary detention of a person for verifying a warrant’s status is permissible.
  6. When serving an arrest warrant at a residence, officers will “knock and announce” unless there is reason to believe:
  7. 1. Subject will harm self.
    2. Subject will destroy evidence.
    3. Subject will escape.
  8. When making a forcible entry, officers shall:
  9. 1. Locate and control all persons on the premises and any property that may potentially serve as a weapon.
    2. Photograph any resulting damage from the forcible entry, and describe how the damage occurred in the case report details.
  10. Officers will transport to jail a person arrested on a warrant, notwithstanding any other charges, unless the person is able to pay the appropriate bond amount to the shift commander. Bond is not acceptable for “Body Only” warrants.
  11. Cancellation / Quashing of Warrants – If an Arrest Warrant is served:
  12. 1. City of Fox City Warrants
    2. 1. The defendant will be provided a copy of the arrest warrant prior to release by either a Foxmoore PD officer or jail staff.
      2. Officers will confirm with front desk or TTY personnel that the warrant is cancelled on the T.I.M.E. system.
    3. Other Agency Warrants
  13. Officers are responsible to coordinate with the TTY operator in the communication center in order to advise the originating agency of the service of the warrant and any action pursuant to the warrant (confinement in jail, court date given, bond posted, etc.) so the warrant may be cancelled.
7. Arrest Without a Warrant
8. 1. The immediacy of many police arrest situations makes it impractical to delay matters while obtaining a warrant, though an arrest on the strength of a warrant is preferable to an arrest without a warrant. Officers are encouraged to cite and release for municipal offenses and misdemeanors, whenever possible.
  2. An officer may arrest a person without a warrant when there is probable cause to believe that the person is committing or has committed a crime or is violating or has violated an ordinance.
  3. To determine if probable cause exists to arrest without a warrant, officers will consider all facts available at the time including, but not limited to:
  4. 1. Personal observation and questions after officers become suspicious.
    2. Information from reliable informant and corroboration by independent questioning whenever possible.
    3. Information from within the department and other police agencies, including information received over communication network (officers may use facts discovered by other officers).
    4. Past criminal activity by the suspect (may only be used to support other factors).
    5. Physical evidence at the scene.
    6. Reports of victim or eyewitness.
  5. To initiate contact at a residence and to make an arrest without a warrant, officers shall knock, obtain permission to enter and state their identity and purpose. If no permission to enter is received, the officer shall consider an entry without warrant unreasonable unless exigent circumstances exist such as:
  6. 1. Subject will arm self.
    2. Subject will harm self, or harm other persons.
    3. Subject will escape.
    4. Officer, with probable cause to make an arrest for a crime, is in hot pursuit of a subject.
  7. When forcible entry is required, officers will perform the same safeguarding and documentation procedures found under “Arrest with a Warrant” as specified in Paragraph IV.C.6.
  8. As soon as practical, the officer shall inform the person why he/she is under arrest.
  9. Use the state bond book to determine the bond amount for persons jailed on circuit court charges. There is no bond amount for felony charges.
9. Ordinance Violations
10. 1. In many situations, officers have the discretion to arrest under a State criminal charge or under a local ordinance charge. To determine the appropriate charge, officers will weigh factors such as the seriousness of the offense, demeanor of the offender, safety of all parties involved, and previous department contacts with the offender. Persons under probation or parole supervision should generally be referred to the District Attorney’s office on criminal charges.
  2. When making an arrest for a municipal ordinance violation, write the charge on a Wisconsin Municipal Court Citation form. The officer may issue the citation and release the person, or place the person in jail. Determine the forfeiture for municipal ordinance violations from the City of Fox City Bond Schedule.
11. Traffic Violations
12. 1. Non-criminal Offenses (Section 1 – Uniform State Traffic Deposit Schedule) – Release the arrested or detained person upon the issuance of a Wisconsin Uniform Citation. See paragraph H on whether to place in jail.
  2. Criminal Traffic Offenses (Section II – Uniform State Traffic Deposit Schedule) – Release the arrested or detained person upon issuance of a Wisconsin Uniform Citation, or place the person in jail until bond is paid or the person receives a court release. See Paragraph H on whether to place in jail.
  3. For purposes of this policy, detaining and issuing a traffic citation to a foreign mission member or their dependent does not constitute an arrest.
  4. If a person is arrested for an offense related to driving without a valid operator’s license, officers, under any circumstances, shall not allow the person to operate a motor vehicle on a public highway upon release.
13. Medical Needs of Arrestees
14. 1. Arrested persons who request medical attention or who have injuries that would reasonably appear to be in need of medical attention shall be brought to a hospital emergency room for evaluation and/or treatment prior to being transported to jail.
  2. A person incapacitated by alcohol or having a preliminary breath test result of 0.3% or higher will need medical clearance prior to being booked at the jail.
  3. If an arrested person requires admission into a hospital, officers will notify the shift commander. The shift commander will determine the need for guarding of the person. A person arrested for a non-violent offense or who is not a threat to hospital staff will not be guarded. A request will be made for the hospital to notify the police department when the person is about to be released.
15. When to Place Person in Jail
  
  When a person is detained for a traffic violation, ordinance violation or a criminal offense and without a warrant, officers will consider any or all of the following factors when making the decision whether to place the person in jail or require bond be posted before release:
16. 1. The officer cannot positively identify the person.
  2. The person has no permanent address.
  3. The person is an out-of-state resident and/or cannot show sufficient evidence of ties to the community.
  4. The offense is OWI related. See the OWI policy.
  5. Gravity of the offense.
  6. Likelihood of flight.
  7. Potential harm to other persons or property.
  8. Need to protect and preserve essential evidence of prosecution.
  9. Offender’s demeanor and/or medical condition.
  10. Person is the predominant aggressor of domestic abuse crime in accordance with Domestic Abuse policy. (Mandatory jail placement)
  11. Person is violating a restraining order or injunction for domestic abuse, child abuse, or harassment. (Mandatory jail placement)
17. Service of Municipal and Traffic Citations
18. 1. Section 893.93(2) of Wisconsin Statutes specifies that citations may be issued for municipal traffic and ordinance violations up to 2 years from the offense date. The preferred method of service of citations is personal service in which the citing officer directly issues the citation to the defendant. In some cases, other methods of service are acceptable.
  2. Service by Substitution
    The citation may be left with a person age 14 or older at the defendant’s primary residence. The issuing officer shall indicate the name and age of the person to whom the citation was served.
  3. Service by Mail
    The citation may be mailed to the defendant provided the defendant agrees to receive the citation by mail. The officer will document the facts surrounding this notification and agreement to mail service in their report details. Officers will circle or check the citation service as “Mailed” on the face of the citation to document the service. Officers must also write the word “Notified” in the service area of the citation if the defendant agreed to accept service by mail. If the citation is returned as “undeliverable” or for another reason, officers will proceed as specified in Paragraph I-4.
  4. Undeliverable Citations/Appearance Warrants
  5. 1. An officer is expected to make every reasonable effort to serve a citation. If all efforts to serve a citation fail, the matter will be brought before the municipal court for an appearance warrant. In order to obtain an appearance warrant, cause must be shown that all reasonable efforts to serve the citation have failed and probable cause exists for the defendant’s arrest.
    2. Officers will draft an appearance warrant using the computer template provided.
    3. The officer will refer the original copy of the appearance warrant along with all copies of the citation and all related reports and paperwork to the shift commander for review.
    4. The shift commander will approve and forward the paperwork to Records.
    5. Records will enter the citation information and forward the Appearance Warrant information to Municipal Court for the judge’s signature.
    6. If the Appearance Warrant is signed, front desk personnel will enter the warrant on the T.I.M.E. system.
    7. If the Appearance Warrant is unsigned, the citation will be voided. All paperwork will be returned to Records for processing.
    8. Records will keep undelivered citations/appearance warrants updated per Wisconsin State Statute 893.93(2)(b).
19. Miranda (See specific policy)
20. Discretionary Enforcement
21. 1. An officer is not obliged, nor is it practical to make an arrest in every instance. The officer may decline to arrest for good cause consistent with the public interest, notwithstanding the existence of probable cause to arrest. Appropriate action may be a verbal or written warning.
  2. Variables to consider in determining whether to arrest:
  3. 1. Clear violation of statute or ordinance.
    2. The nature of the act.
    3. Relative seriousness of injury to person or society.
    4. Degree of intent to cause injury.
    5. Likelihood of future acts.
  4. In exercising discretion, officers shall not discriminate or take any action based on a person’s gender, color, creed, race, religion, age, sexual orientation, or economic or social status.
22. Post Arrest Procedures
  All arrested persons will be fingerprinted and photographed if they are being cited or referred to the district attorney’s office on charges. This does not include non-criminal traffic violations. Arrest persons confined in jail will be fingerprinted and photographed by personnel at the Foxmoore County Jail. For processing at HQ, follow the following procedures:
23. 1. Bring the subject to the processing area in HQ.
  2. There must be two officers present for processing.
  3. Obtain front and side mugshots of the subject.
  4. Obtain fingerprints of the subject to include a four finger pat for each charge.
24. Bonds and Forfeitures
  Determine bond or forfeiture amount from the City of Fox City or State of Wisconsin Uniform Deposit Schedule. For municipal court, cases add the court costs to the bond or forfeiture. If circumstances warrant, the arresting officer may request permission to increase the forfeiture from the shift commander. Officers will not accept bond or forfeiture money from a citizen. Advise persons to pay the bond or forfeiture to the shift commander at the police department. The shift commander may direct a supervisor or designee to accept bond or forfeiture money in extenuating circumstances.
25. Documentation of Arrests
26. 1. Non-Warrant Arrests; Person Confined in Jail
  2. 1. Arrested person is entered in the Foxmoore PD database system.
    2. Unless otherwise directed by the shift commander, officers will complete all required paperwork and/or reports related to the incident before the end of their tour of duty.
  3. Warrant Arrest; Person Confined in Jail
  4. 1. Arrested person is entered in the Foxmoore PD database system.
    2. A case report is required unless the warrant is from an agency within Foxmoore County. If bond is being posted on an in county warrant, other than a Foxmoore PD warrant, a case report is required.
    3. Unless otherwise directed by the shift commander, officers will complete all required paperwork and/or reports related to the incident before the end of their tour of duty.
  5. Probation/Parole Arrest
  6. 1. Arrested person is entered in the Foxmoore PD database system.
    2. A case report is required unless the probation or parole agent is present when the arrest is made.
    3. Unless otherwise directed by the shift commander, officers will compete all required paperwork and/or reports related to the incident before the end of their tour of duty.
  7. Apprehension Request
  8. 1. Arrested person is entered in the Foxmoore PD database system.
    2. Unless otherwise directed by the shift commander, officers will compete all required paperwork and/or reports related to the incident before the end of their tour of duty.

This policy is for internal use only and does not enlarge an officer’s civil or criminal liability in any way. It should not be construed as the creation of a higher standard of safety or care in an evidentiary sense, with respect to third party claims. Violations of this policy, if proven, can only form the basis of a complaint by this department, and then only in a non-judicial administrative setting.