HomeMy WebLinkAbout110-90 RESOLUTIONs
Section 2. That the Board of Directors hereby rescinds
the previous rules and regulations as attached to Resolution No.
91-82 of August 3, 1982.
PASSED AND APPROVED this 3rd day of July
n�-
-.ATTEST:
�A
eITY, CRK•
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, 1990.
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6
E,. FAYETTE . I LE
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THE CITY OF FAYETTEVILLE, ARKANSAS POLICE DEPARTMENT
June 1990
POLICIES, PROCEDURES, & RULES
"FOREWORD"
In an organization such as the Fayetteville Police Department,
absolute supervision of all members is impossible. However, a high
degree of uniformity of thought and action must prevail to serve
the citizens of Fayetteville fairly and impartially.
It is not possible to reduce all policies and practices to
writing. However, as time passes, other polices, procedures,
rules, and general orders will be added and will continue to change
with conditions. All general and special orders which may be
issued hereafter by the Chief of Police relating to the discipline
or duties of the members shall be recognized and considered as a
part of these policies,. procedures, and rules.
Upon adoption of these policies, procedures, and rules by the
City Board of Directors, all members of the Fayetteville Police
Department shall read and become thoroughly familiar with the
contents of this manual.
The comfort and convenience of all officers shall be given
consideration in every reasonable way consistent with these
policies, procedures, and rules and the fulfillment of the
Department's obligation to the public. These policies, procedures,
rules and general orders are intended to be a guide for members in
performing their duties.
Within one week after the appointment as a police officer, the
officer shall be issued a copy of the Department's policies,
procedures, and rules manual. The officer shall sign a statement
stating he has received, read, and agrees to abide by the policies,
procedures, and rules and any amendment thereto following his/her
appointment as an officer.
Richard L. Watson
Chief of Police
P. O. BOX 1888
140 WEST ROCK STREET 72702
501 521-8050
FAX 501 521-5876
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TABLE OF CONTENTS
CHAPTER 1-5: LAW ENFORCEMENT ROLE, RESPONSIBILITIES &
RELATIONSHIPS
* * Law Enforcement Agency Roll 1.1.1
* * Limits of Authority - 1.2.1
* * Arrest Procedures 1.2.2
* * Use of Force 1.3.1
* * Relationships With Other Agencies 2.1.2
CHAPTER 6-10: (RESERVED)
CHAPTER 11-17:ORGANIZATION, MANAGEMENT & ADMINISTRATION
** Direction 12.1.1
** Policies, Procedures, & Rules Development &
Review Procedures 12.2.1
CHAPTER 18-20: (RESERVED)
CHAPTER 21-26: THE PERSONNEL STRUCTURE
** Disciplinary Matters & Procedures 26.1.1
CHAPTER 27-30: (RESERVED)
CHAPTER 31-35: THE PERSONNEL PROCESSES
CHAPTER 36-40: (RESERVED)
CHAPTER 41-47: LAW ENFORCEMENT OPERATIONS
* *
Patrol 41.1.1
Vehicular Pursuit 41.2.8
Use of Department vehicles/Equipment; Authorized
Passengers 41.2.11
Seatbelt Usage 41.2.13
Canines 41.2.17
Juvenile Operations 44.1.1
Unusual Occurrences 46.1.1
Bomb Threats and Explosive Devices 47.1.13
CHAPTER 48-50: (RESERVED)
CHAPTER 51-54: OPERATIONS SUPPORT
* * Office of Professional Standards (OPS) 52.1.1
* * Public Notification 54.1.1
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CHAPTER 55-60: (RESERVED)
(V: •
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CHAPTER 61-66: TRAFFIC OPERATIONS
** Police Traffic Radar Operation 62.1.12
CHAPTER 67-70: (RESERVED)
CHAPTER 71-74: PRISONER & COURT -RELATED ACTIVITIES
** Prisoner Transportation 71.1.1
** Jailer Duty 72.1.1
** Jail Emergency Plan 72.3.1
** Medical and Dental Care For Prisoners 72.6.1
CHAPTER 75-80: (RESERVED)
CHAPTER 81-84: AUXILIARY & TECHNICAL SERVICES
Bank Alarm Response Policy (Business Hours) 81.2.13
Property Management; Acquired & In -custody Property...84.1.1
GENERAL ORDERS
01 (Reserved)
02 Responding To Bank Alarms During Business Hours GO -02
03
04
05
06
07
08
09
10
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INDEX & REVISIONS LOG
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a
FAYETTEVILLE POLICE DEPARTMENT
FAYETTEVILLE, ARKANSAS
POLICIES, PROCEDURES, AND RULES
Effective Date
Subject
LAW ENFORCEMENT AGENCY ROLE
Reference
Distribution
All Personnel
I. PURPOSE
Number
(Special Instructions
Reevaluation Date
1 Year
The purpose of this policy is
to define the functional role
of the Fayetteville Police
Department.
II. DISCUSSION
By defining Department role,
employees will be aware of
actions and attitudes expected
of them, and the public will be
provided with a general standard
by which they can measure the
department's performance.
Defining the functional role
also specifies the department's
intent to be responsive to and
protect the constitutional
rights of the community.
III. POLICY
A. Performance Measures
No.Pages
-4-
Written performance measures
shall be formulated for each
program within the department.
1. On an annual basis, program
supervisors (i.e.,
administrative, patrol and drug
enforcement programs) shall
assist in preparing new or
revised performance measures for
the upcoming year and submit a
written report to the Chief of
Police.
2. Performance measures shall
be developed utilizing input
from all personnel levels within
the department. Personnel input
should provide the following:
a. Improve the relevancy and
coverage of the performance
measures; and
b. Enable employee
contribution to .departmental
management and operation.
(1.1.1) Page 1
4
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3. Upon request, program
supervisors shall submit to the
Chief of Police a written
evaluation on the progress made
toward department performance
measures.
4. Performance measures shall
be routinely reviewed and
updated to help ensure
direction, unity of purpose,
and provide a basis for
measuring progress.
Oath of Office
•
Prior to assuming their official
position, all officers of the
Fayetteville Police Department
shall take an oath of office to
enforce the law and uphold the
Constitutions of the United
States and the State of
Arkansas.
C. Code of Ethics
All officers of the Fayetteville
Police Department shall abide
by the following Code of Ethics:
LAW ENFORCEMENT CODE OF ETHICS
All law enforcement
officers must be fully aware of
the ethical responsibilities of
their position and must strive
constantly to live up to the
highest possible standards of
professional policing.
•
The International
Association of Chiefs of Police
believes it is. important that
police officers have clear
advice and counsel available to
assist them in performing their
duties consistent with these
standards, and has adopted the
IDI
following ethical mandates as
guidelines to meet these ends.
PRIMARY RESPONSIBILITIES OF A
POLICE OFFICER
A police officer acts as
an official representative of
government who is required and
trusted to work within the law.
The officer's powers and duties
are conferred by statute. The
fundamental duties of 'a police
officer include serving the
community; safeguarding lives
and property; protecting the
innocent; keeping the peace; and
ensuring the rights of all to
liberty, equality and justice.
PERFORMANCE OF THE DUTIES OF A
POLICE OFFICER
A police officer shall
perform all duties impartially,
without favor or affection or
ill will and without regard to
status, sex, race, religion,
political belief or aspiration.
All citizens will be treated
equally with courtesy,
consideration and dignity.
Officers will never allow
personal feelings, animosities
or friendships .to influence
official. conduct. Laws will be
enforced appropriately and
courteously and, in carrying out
their responsibilities, officers
will strive to obtain maximum
cooperation from the public.
They will conduct themselves in
appearance and deportment in
such a manner as to inspire
confidence and respect for the
position of public trust they
hold.
DISCRETION
(1.1.1) Page 2
A police officer will use
responsibly the discretion
vested in the position and
exercise it within the law. The
principal of reasonableness will
guide the officer's
determinations and the officer
will consider all surrounding
circumstances in determining
whether any legal action shall
be taken. `
Consistent and wise use of
discretion, based on
professional policing
competence, will do much to
preserve good relationships and
retain the confidence of the
public. There can be difficulty
in choosing between conflicting
courses of action. It is
important to remember that a
timely word of advice rather
than arrest --which may be
correct in appropriate
circumstances --can be a more
effective means of achieving a
desired end.
USE OF FORCE
A police officer will never
employ unnecessary force or
violence and will use only such
force in the discharge of duty
as is reasonable in all
circumstances.
Force should be used only
with the greatest restraint and
only after discussion,
negotiation and persuasion have
been found to be inappropriate
or ineffective. While the use
of force is occasionally
unavoidable, every police
officer will refrain from
applying the unnecessary
infliction of pain or suffering
MUM'
and will never engage in cruel,
degrading or inhuman treatment
of any person.
CONFIDENTIALITY
Whatever a police officer
sees, hears or learns of, which
is of a confidential nature,
will be kept secret unless the
performance of duty or legal
provision requires otherwise.
Members of the public have
a right to security and privacy,
and information obtained about
them must not be .improperly
divulged.
INTEGRITY
A police officer will not
engage in acts of corruption or
bribery, norwill an officer
condone such acts by other
police officers.
The public demands that the
integrity of police officers be
above reproach. Police officers
must, therefore, avoid any
conduct that might compromise
integrity and thus undercut the
public confidence in a law
enforcement agency. Officers
will refuse to accept any gifts,
presents, subscriptions, favors,
gratuities or promises that
could be interpreted as seeking
to cause the officer to refrain
from performingofficial
responsibilities honestly and
within the law. Police officers
must not receive private or
special advantage from their
official status. Respect from
the public cannot be bought; it
can only be earned and
cultivated.
(1.1.1) Page 3
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.COOPERATION WITH OTHER OFFICERS
AND AGENCIES
Police officers will
cooperate with all legally
authorized agencies and their
representatives in the pursuit
of justice.
An officer or agency may
be one among many organizations
that may provide law enforcement
services to a jurisdiction. It
is imperative that .a police
officer assist colleagues fully
and completely with respect and
consideration at all times.
PERSONAL/PROFESSIONAL
CAPABILITIES•
Police officers will be
responsible for their own
standard of professional
performance and will take every
reasonable opportunity to
enhance and improve their level
of knowledge and competence.
Through study and
experience, a police officer can
acquire the high level of
knowledge and competence that
is essential for the efficient
and effective performance of
duty. The acquisition of
knowledge is a never-ending
process of personal and
professional development that
should be pursued constantly.
PRIVATE LIFE
Police officers will behave
in a manner that does not bring
discredit to their agencies or
themselves.
A police officer's
character and conduct while off
duty must always be exemplary,
•
IDERAFT
thus maintaining a position of
respect in the community in
which he or she lives and
serves. The officer's personal
behavior must be beyond
reproach.
Source: IACP October 17, 1989
(1.1.1) Page 4
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Ler FAYEITEVILLE POLICE DEPARTMENT,_..
s ao FAYETTEVILLE; ARKANSAS, ;-
r•r B
•
POLICIES, PROCEDURES; AND RULES
A ..
•
ti ;sr -
Effective Datel'-
,"'Lente
Subject -L _
'LIMITS OF. AUTHORITY ` ': �r
A
Reference t !.
x-,
,tt
Distribution
'•All Personnel
?x cite -40o
Numb'er.I _.. tvpv G;,l t tt..
11.2":1'^:1:.1/2,3 i
11 ri4m
7 Cri.� 1 rcThcr , . Cr :P c, ':+ .
Special-tInstructions n
loins: condi ,v: -,sot:
Reevaluation Date-Jei tc�.
i-Yearcl int II -
"
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3:' .i`.i 1
I: 'PURPOSE pr_ tat ^..y
The, purpose fof this 'policy -is
to" outline .the :alimitstof law
enforcement authority delegated
totofficers ofithe Fayetteville
Police Department pertaining to
the enforcement of laws,
statutes, and ordinances within
their jurisdiction, i in1r::Co,
i.. t s . :I vn ti
It,.also +tdefines'ecircumstances
and establishes limits involving
officer discretion andprovides
guidelinestforiexeicisinga'such
d iscret` an.tt. !titsi1rzing
alternatiVessto_tarrest :and/or
prearr•aignment':cohfinement. .i
La *ht. C t•:'' t ocatt .. .
II. DEFINITIONS
� . '.a_ uft4 r - .t rig . t,
Aft._?ARRESTGoto. .0 . i Jr, .o
1... roc u: t -.t:.. ern t^:.1a1
Arrest is the taking Of 'a person
into rrcustody:cof 1 the 'law, -.0 the
purpose4of.which is -to restrain
the`accused,until-he can+be-held
accountable ID*, the loffenser•at
court proceedings,
and
ty
nt.er%.s to
A ;
No.Pages
'ce -6- :t'
rurtra$.h the
B . PROBABLE:,CAUSE priv"r: t:e
inaeivieh at cl: hi -m Iir.'1i1.i y;
Probable cause has been
interpreted as facts and
Circumstances thatLiamountrE to
More than Mere asuspicion but
less.... than .:rproof vibeyond'tia
reasonable doubt that would lead
a prudent person to believe a
crime' has' been rcommittedtOris
aboutrto*betcommitted:rrr: anr.
:a �t b.. ba r.: c.n probable nwt
C. FELONY
Parc sant t a
A felony.: s' a serious offense
which carries a penalty of
.incarceration•'usuallyflf r one
year:or more- Personsiconvicted
of:felony offenses -.lose certain
rights ..such--xas.h.the;cright• •to
Vote,` holdranrelective office
or Federal government position,
Ore mainta inAcertainTl icenses:t
.,t ' ^ f cin . - y . rre; . , t:hu
D . ..MISDEMEANORt .ae:s r.ihnr: 1:1
the:: , :icer » t at ny tir_f1 :;it
A'.misdemeanor is elless;serious
o ffense punishable by
(1.2.1) Page 1
FAYETTEVILLE POLICE DEPARTMENT
FAYETTEVILLE; ARKANSAS
DELT'
POLICIES, PROCEDURES, AND RULES
Subject
LIMITS OF AUTHORITY
Reference
Distribution
All Personnel
I. PURPOSE
(Effective Date
Number
1.2.1
(Special Instructions
Reevaluation Date
1 -Year
The purpose of this policy is
to outline the limits of law
enforcement authority delegated
to officers of the Fayetteville
Police Department pertaining to
the enforcement of laws,
statutes, and ordinances within
their jurisdiction.
It also defines circumstances
and establishes limits involving
officer discretion and provides
guidelines for exercising such
discretion utilizing
alternatives to arrest and/or
prearraignment confinement.
II. DEFINITIONS
A. ARREST
Arrest is the taking of a person
into custody of the law, the
purpose of which is to restrain
the accused until he can be held
accountable for the offense at
court proceedings.
B . PROBABLE CAUSE
No.Pages
-6-
Probable cause has been
interpreted as facts and
circumstances that amount to
more than mere suspicion but
less than proof beyond a
reasonable doubt that would lead
a prudent person to believe a
crime has been committed or is
about to be committed.
C. FELONY
A felony is a serious offense
which carries a penalty of
incarceration usually for one
year or more. Persons convicted
of felony offenses lose certain
rights such as the right to
vote, hold an elective office
or Federal government position,
or maintain certain licenses.
D . MISDEMEANOR
A misdemeanor is a less serious
o ffense punishable by
(1.2.1) Page 1
incarceration for not more than
one year in a county jail or
fine or similar penalty
III. POLICY
A. JURISDICTION AND STATUTORY
AUTHORITY
1. Officers of the
Fayetteville Police Department
shall have within the corporate
limits of the City of
Fayetteville all the powers
invested in law enforcement
officers as described under
Arkansas Code Annotated 14-52-
203.
2. Officers shall also have
the power to serve all civil
and criminal process that may
be directed to them by any
officer of the Court and may
enforce the ordinances and
regulations of the City as the
City Board of Directors may
direct.
3. In addition to their
authority within the corporate
limits, officers shall have all
the powers invested in law
enforcement officers by statute
or common law within the
extraterritorial jurisdiction
of the corporate limits of the
City of Fayetteville, and on
all property owned by or leased
to the City wherever. located.
4. Any officer pursuing an
offender outside the corporate
limits or extraterritorial
jurisdiction of the City shall
be entitled to all privileges,
immunities, and benefits to
which he would be entitled if
acting within the City,
•
DEAWIT
including coverage under the
workmen's compensation laws.
B. ARREST AUTHORITY
An officer may effect an arrest
if there is probable cause to
believe a person has committed
an offense as it is defined in
the Arkansas Criminal Code.
Probable cause is the legal
requirement for an arrest.
1. An arrest occurs when the
following conditions exist:
a. The officer believes that
sufficient legal evidence exists
that a crime is being committed,
and intends to restrain the
suspect;
b. The officer deprives the
individual of his liability;
and
c. The suspect believes he or
she is in the custody of the
police and cannot voluntarily
leave.
2. An arrest can be initiated
with or without a warrant and
must be based on probable cause.
a. Arrest Pursuant to a
Warrant
An arrest warrant issued by the
court determines an arrest
should be made and directs the
police to bring the named person
before the court.
(1) An officer having a warrant
in possession may arrest the
person named on or described in
the warrant at any time and at
any place within the
(1.2.1) Page 2
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jurisdiction of the City of
Fayetteville.
(2) An officer who has
knowledge that a warrant for
arrest has been issued and has
not been executed, but who does
not have the warrant in his
possession, may arrest the
person named in the warrant at
any time.
(a) The officer must inform
the person arrested of the
existing warrant, and
(b) The officer must serve the
warrant on the person as soon
as possible.
b. Arrest Without a Warrant
According to Rule 4 of the
Arkansas Court Rules "Rules of
Criminal Procedures", a law
enforcement officer may arrest
a person without a warrant if
the officer has reasonable cause
to believe that such person has
committed:
(1) a felony;
(2) a traffic offense
involving:
(a) death or physical injury
to a person; or
(b) damage to property; or
(c) driving a vehicle while
under the influence of any
intoxicating liquor or drug;
(d) any violation of law in the
officer's presence.
(3) A private person may make
an arrest where he has
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reasonable grounds for believing
that the person arrested has
committed a felony.
(4) An arrest shall not be
deemed to have been made on
insufficient cause hereunder
solely on the ground that the
officer or private citizen is
unable to determine the
particular offense which may
have been committed.
(5) A warrantless arrest by an
officer not personally possessed
of information sufficient to
constitute reasonable cause is
valid where the arresting
officer is instructed to make
the arrest by a police agency
which collectively possesses
knowledge sufficient to
constitute reasonable cause.
(6) In the case of a
misdemeanor, probable cause as
well as the officer's presence
at the time of the offense are
required, with the following
exceptions:
(a) The officer believes the
suspect may cause physical
injury to self or others, or
damage to property unless
immediately arrested (See ACA
9-15-103 "Act 636 of 1989");
(b) The suspect has committed
the offense of shoplifting when
the officer, merchant, or
merchant's employee who has
observed the person accused of
committing the offense of
shoplifting shall provide a
written statement which shall
serve as probable cause to
justify the arrest (See ACA 5-
36-116 (2)(c);
(1.2.1) Page 3
.(c) The officer has reason .to
believe the suspectiwillnot:be
apprehended/unless immediately
arrested :-t• Ce -
j.%. 8na1- t
3. Upon making an
officet must,:; A .lw.
arrest, an
a:f;.:.Identify ,himself-as:.a,;law
enforcement,officer unless his
identity;s9otherwise apparent;
b. Inform the arrested person
that heLis (underrarrest; ,,tand*{r
r .; ;. 2&;S
c. As promptly as is
reasonabler,r under. .the
circumstances,,,y,_tinform ••;, 'the
arrested -person of the cause of
the _arrest, (Unless \they,cause
appears to be,evident.
•4. An arrest is complete when:
a;: ca:• 4The „person submits Ito the
control .of•the arresting,officer
who has ...indicated ,his ;intention
totarrest, for .n q • :_., at4 r
b: t_ctThe,arresting officer, with
intent to make an;arrest, takes
a person into custody by the use
of physicallforce. L
at, '•if,. • t°
the.
5.;..;An officer may. enter
privatenpremises-.or, a 3vehicle.
to :effeet);anl arrest .when: Lir-
a...c;_The officers .•has. Lt r his
possession .a;,warrant.. or, \order.
for; arrest of apersonilory_is
authorizedE,to arrest a-.
,person
withoutl,,a tcwarrant or order
having been issued;
• -u Cr iar.i J =, to r"\.tat,
b. The officer has reasonable
cause 4to.believe the person to
be: arrestedtis,present, and,„1e
:1- • the _.r ... to
,,
c. :_. Thecofficer.«has,given,•or
madecreasonable•effort to. give
noticemof phis; authority',and
purpose {to an ,occupant. thereof,
unless there lis•reasonable cause
to'Abel -ievejthat the L, giving ;of
such notice would present a
alear rdanger Ito zhumanflife..w
rlur., „ ?fl\31 tth,
6. Arrest for Serious Crime
i:-♦ Frtort_.fi. be.zo1ution., 'f..�.h.
Whenan officer_arrestsa-person
for -a serious crime,ithe;officer
shall eadvise the detective
division of the arrest for
furtherrn4,-interviewing and
investigation. y
A.rt"'•` t .i. 1njust-� Pardon
7. Arrest of Military Deserter
1112.3r, nrre ' 1 y' .1 flC r4.41: 1/4i2Q iia..K
Officers°•with probablei;cause
that -a \person;,-isp,aicmilitary
deserter may:arrest. thatperson
and:arrange as,,soon,as,possible
to, release thenperson to;,the
proper;;militaryaauthorities• r i
rnrsor. ' /rid b.isot+ co". , -
8.'» ..Arrest of tUnconscious ior
Semiconscious,- Person=
1::toCt'er or nat.
Whenever anofficer.arrestsan
unconscious, semiconscious,Vor
otherwise apparently suffering
from somendisablingtcondition,
and who is unable to provide
information on •the causes hof
the II- condition, •rr the ° , officer
shouldimakeia-reasonable.effort
tot.: determine ,.cif cthe,,person
arrested is wearing ,a;bracelet
or1necklace containing{the Medic
Alert )Foundation's :emergency
alert syiibo1 j toh indicate 'that
the ,p,tper,son suffers enfrom
diabetes, epilepsy,. awpardiac
Condition, or any. other .form;of
iliness.which would cause a los s
ofr,,consciousness. If such a
symbol is found indicating that
the person being arrested
(1.2.1) Page 4
suffers from one of those
conditions, the officer must
make a reasonable effort to have
appropriate medical care
provided.
9. Misuse of Arrest Authority
Officers of the Fayetteville
Police Department shall not
misuse the arrest authority that
has been delegated to them.
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C. USE OF DISCRETION AND
ALTERNATIVES TO ARREST
The Chief of Police shall
determine what measures
(policies and procedures) shall
be enforced to influence officer
discretion at the operative
level of patrol.
Officers are encouraged to be
sensitive to cues as the
probability of clearance,
witness identification, victim
prosecution, and other factors
when making arrests, issuing
citations, or other law
enforcement activities.
In instances of lesser
violations of the law, the
officer may weigh the
seriousness of the offense and
the surrounding circumstances
and choose an alternative to
arrest. The proper exercise of
discretion does not relieve the
officer of his responsibility
to conduct a thorough
investigation.
1. Alternatives to Arrest
a. Issuance of a citation or
criminal summons which would
allow the arrested person to
appear in court on their own
recognizance in accordance with
Article III, Rule 5, of the
ARKANSAS RULES OF CRIMINAL
PROCEDURE, instead of taking
the person before a magistrate
and placing them under bond;
b. Referral to a help agency,
such as mental health, etc.;
c. Informal resolution, such
as arranging for the person to
pay the victim for damages,
etc.; or
d. Warnings.
2. Arrest of Injured Person
Upon arresting a person who has
been injured, or is injured
during the arrest process, the
officer shall contact his
immediate supervisor. The
immediate supervisor will
respond and examine the injured
person and based on the
seriousness of the injury will
make a determination as to
whether or not the person should
receive immediate medical
attention.
3. Off -Duty Arrest
Police officers of this
department have liability
protection for on -duty and off-
duty performance of official
duties. This protection does
not extend to willful acts to
cause injury or damage, or to
those actions that the police
officer knew, or reasonably
should have known, were in
conflict with the established
policies or customs of this
department.
•
(1.2.1) Page 5
a. When off-duty and within
the legal jurisdiction of this
department, a police officer
may make an arrest only when:
(1) There is an immediate need
for the prevention of a crime
or apprehension of a suspect;
(2) The arresting officer is
in possession of appropriate
police identification.
NOTE: Off-duty officers
shall not engage in vehicular
pursuits while driving privately
owned vehicles. The use of blue
lights for traffic stop purposes
in privately owned vehicles is
prohibited. Officers may use
privately owned blue lights
(only when their vehicle is
stationary) to warn approaching
traffic of danger at accident
or other emergency scenes.
b. If an off-duty arrest is
made, the off-duty officer shall
abide by all departmental
policies and procedures and
shall notify on -duty personnel
as soon as possible.
c. No prisoner or arrestee,
under any circumstances, shall
be transported in a privately
owned vehicle.
4. Assistance to Person
Intoxicated in Public
At his discretion, an officer
may assist, as an alternative
to arrest and incarceration, an
individual found intoxicated in
a public place, by taking any
of the following actions:
1
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te-
HULL 1J• L�
a. The officer may direct or
transport the intoxicated
individual home;
b. The officer may direct or
transport the intoxicated
individual to the residence of
another individual willing to
accept him;
c. The officer may direct or
transport the intoxicated
individual to a public or
private shelter facility if the
individual is apparently in need
of and unable to provide for
himself food, clothing, or
shelter, but not in need of
immediate medical care;
d. The officer may direct or
transport the intoxicated
individual to the Washington
Regional Medical Center or other
medical care facility if it is
apparent the individual is in
need of but unable to provide
for himself immediate medical
care.
•
(1.2.1) Page 6
1
FAYETTEVILLE POLICE DEPARTMENT
FAYETTEVILLE, ARKANSAS,
POLICIES, PROCEDURES, AND RULES
Subject
ARREST PROCEDURES
Reference
Distribution
All Personnel
I. PURPOSE
Effective Date
Number
1.2.2
(Special Instructions
(Reevaluation Date
1 Year
The purpose of this policy is
to provide officers with
guidelines in determining when
and if an arrest is appropriate
according to the law.
II. DISCUSSION
An officer can make an arrest
if he has probable cause to
believe a person has committed
an offense as it is defined in
the Arkansas Criminal Code.
Arrest is the taking of a person
into custody of the law, the
purpose of which is to restrain
the accused until he can be held
accountable for the offense at
court proceedings.
The legal requirement for an
arrest is probable cause.
III. POLICY
No.Pages
-3-
A. An arrest occurs when the
following conditions exist:
1. The officer believes that
sufficient legal evidence exists
that a crime is being committed,
and intends to restrain the
suspect;
2. The officer deprives the
individual of his liberty and;
3. The suspect believes that
he or she is in the custody of
the police and cannot
voluntarily leave.
B. Arrest can be initiated
with or without a warrant and
must be based on probable cause.
C. An arrest warrant issued
by a court determines that an
arrest should be made and
directs the police to bring the
named person before the court.
D. An arrest can be made
without a warrant only where
(1.2.2) Page 1
•
the arresting officer is able
to establish probable cause that
a crime was committed and that
the subject arrested is the
person who committed it.
E . In the case of a felony an
officer may arrest a suspect
without a warrant where probable
cause exists, even though the
officer was not present when the
offense was committed.
F. In the case of a
misdemeanor, probable cause as
well as the officer's presence
at the time of the offense are
required.
III. CLASSIFICATION
•
A. A felony is a more serious
offense which carries a penalty
of incarceration in a state
prison, usually, for one year
or more.
B . A misdemeanor is a less
o ffense punishable by
incarceration for not more than
one year in a county jail or
fine or similar penalty.
IV. ARREST
A. If an officer decides it
is necessary to take a person
into custody he should do so in
accordance with his lawful
authority to arrest.
B . An officer should be
prepared to use non -deadly force
when arresting an individual who
is physically resisting arrest.
1. ' In these circumstances the
officer must take caution in
preventing injury to himself and
the subject.
•
DEM?
2. When a subject threatens
to flee or injure the arresting
officer he must be prepared to
use his training in self-defense
in defending himself while
taking the person into
custody.
✓ . SEARCH OF PERSON(S)
A. Any officer may search a
person after a lawful arrest for
the following reasons:
1. To protect the officer, the
accused or others.
2. To prevent the escape of
the accused.
3. To furnish appropriate
custodial care if the accused
is jailed.
4. To obtain evidence of the
commission of the offense for
which the accused has been
arrested, or to seize
contraband, fruits of the crime,
or other things criminally
possessed or used in conjunction
with the offense.
B . Strip searches' will only
be made after arrest and will
be made at the jail if necessary
before being placed in a cell
and only then in a professional
manner. The only exception
would be in a life-threatening
situation to protect human life.
C. Search of body cavities
must be performed by a physician
or a licensed nurse. A search
of body cavities and "blood
stream and subcutaneous tissues"
incidental to an arrest should
only be made if there is a
(1.2.2) Page 2
F.
strong probability that it will
disclose things subject to
seizure and related to the
offense for which the individual
was arrested. The problems
concerning the search of body
cavities usually result when
some degree of force has been
used.
D. A law enforcement officer
who has detained a person may,
if he reasonably suspects that
person is armed and dangerous
to the officer or others, may
search the outer clothing of
such person and seize any weapon
or other dangerous things which
may be used against the officer
of others. The search shall not
be more detailed than is
reasonably necessary to insure
safety.
•
DR AFT
(1.2.2) Page 3
•
•
FAYETTEVILLE POLICE DEPARTMENT
FAYETTEVILLE, ARKANSAS
DIVOT
POLICIES, PROCEDURES, AND RULES
Subject .
USE OF FORCE
Reference
Distribution
All Personnel
I. PURPOSE
rffective Date
Number
1.3.1
Special Instructions
Reevaluation Date
1 -Year
The purpose of this directive
is to state the Fayetteville
Police Department policy
regarding .the use of force,
including deadly force, and all
types of weapons.
II. DISCUSSION
The value of human life is
immeasurable in our society.
Police officers have been
delegated the awesome
responsibility to protect life
and. property and apprehend
criminal offenders. The
apprehension of criminal
offenders and protection must
at all times be secondary to the
protection of life. The
officer's responsibility for
protecting life must include his
own.
"Deadly Force" as used in this
policy is defined as that force
which is intended to cause death
No.Pages
-6-
or grave injury or which creates
some specified degree of risk
that a reasonable and prudent
person would consider likely to
cause death or grave injury.
III. POLICY
It shall be the policy of the
Fayetteville Police Department
that its officers shall not use
more force in any situation than
is reasonably necessary under
the circumstances.
A. Use of Deadly Force
1. An officer may use deadly
force to protect himself or
others if he has reasonable
belief of immediate threat of
death or serious physical
injury.
a. Reasonable belief: The
facts or circumstances the
officer knows, or should know,
are such as to cause an ordinary
(1.3.1) Page 1
•
and prudent person to act or
think in a similar way under
similar circumstances.
b. Serious physical injury:
A bodily injury that creates a
substantial risk of death;
causes serious, permanent
disfigurement; or. results in
long-term loss or impairment of
the functioning of any bodily
member or organ.
2. The use of firearms should
be flatly prohibited in the
apprehension of misdemeanants,
since the value of human life
far outweighs the gravity of a
misdemeanor offense.'
3. Deadly force shall never
be used on mere suspicion that
a crime, no matter how serious,
was committed or that the person
being pursued committed the
crime. An officer shall either
have witnessed the crime or have
sufficient information to know,
as a virtual certainty, that the
suspect committed an offense for
which the use of deadly force
is permissible.
4. Officers shall not be
permitted to fire at felony
suspects when the officer
believes that the suspect can
be apprehended reasonably soon,
thereafter without the use of
deadly force or when there is
any substantial danger to
innocent bystanders. Although
the requirement of using lesser
force, when possible, is a legal
rule, the other limitations are
based on sound public policy.
To risk the life of innocent
persons for the purpose of
apprehending a felon cannot be
justified.
MATE
5. Officers shall not
discharge a firearm at or from
a moving vehicle except as the
ultimate measure of self-defense
or defense of another person."
6. Officers shall not fire
their weapons to kill, but
rather to stop and incapacitate
an assailant from completing a
potentially deadly act. For
maximum stopping effectiveness
and minimal danger to innocent
bystanders, the officer should
shoot at "center body mass."
7. An officer may use deadly
force to effect the capture or
prevent the escape if the
officer reasonably believes that
the suspect has committed a
felony involving the use or
threatened use of deadly force
and the officer has probable
cause to believe that the
suspect poses a significant
threat of death or serious
physical injury to the officer
or others.
8. In order to protect the
community's interest when
officers may have exceeded the
scope of their authority in the
use of deadly force and to
shield officers who have not
exceeded the scope of their
authority from possible
confrontations,with the
community, officers whose use
of force results in death shall
be relieved from line -duty
assignment pending
administrative review.
9. The killing of an animal
is justified by the following
conditions:
(1.3.1) Page