HomeMy WebLinkAbout03-99 RESOLUTIONRESOLUTION NO 3-99
A RESOLUTION APPROVING THE FAYETTEVILLE POLICE
DEPARTMENT POLICIES, PROCEDURES AND RULES, AS
REQUIRED BY THE A.C.A. § 14-51-302.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,
ARKANSAS:
Section 1. That the City Council hereby approves the Fayetteville Police Department
Policies, Procedures and Rules, as required by the A.C.A. § 14-51-302. A copy of the policy,
procedures and rules is attached hereto marked Exhibit "A" and made a part hereof.
PASSED AND APPROVED this day of January 1999.
`* c.ifr,e
•\ r
,,• ,:\ By.
s. \t 1 IT r
tt-
ATTEST: ;_.. '
Bv:
Heather Woodruff, City C e
red Hanna, Mayor
•
ass.
•
NAME OF FILE: REs . 3 Q9/igyarrgero,L6 ,D,G.Zee .%PT/A�zciSs,
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QC(,C E S
CROSS REFERENCE:
Date
Contents of File
Initials
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1 • •
1 TABLE OF CONTENTS
1 CHAPTER 1-5: LAW ENFORCEMENT ROLE, RESPONSIBILITIES &
RELATIONSHIPS
' ** Law Enforcement Agency Role 1.1.1
* * Limits of Authority 1.2.1
I ** Arrest Procedures 1.2.2
* + Domestic Violence 1.2.4
* * Use of Force 1.3.1
' •* Non Lethal Defensive Tactics 1.3.4
•• Relationships With Other Agencies 2.1.2
1 CHAPTER 6-10: (RESERVED)
1 CHAPTER 11-17: ORGANIZATION, MANAGEMENT& ADMINISTRATION
* * Direction 12.1.1
' ** Policies, Procedures, & Rules Development &
Review Procedures 12.2.1
** Temporary Light Duty 16.2.3
CHAPTER 18-20: (RESERVED)
' CHAPTER 21-26: THE PERSONNEL STRUCTURE
' *• Disciplinary Matters & Procedures 26.1.1
•• Harassment in the Workplace 26.1.2
CHAPTER 27-30: (RESERVED)
I
CHAPTER 31-35: THE PERSONNEL PROCESSES
** Physical Fitness for Law Enforcement Officers 33.1.1
' CHAPTER 36-40: (RESERVED)
1 CHAPTER 41-47: LAW ENFORCEMENT OPERATIONS
* * Patrol 41.1.1
' ** Bicycle Patrol 41.1.4
1 (1)
I
•
Vehicular Pursuit
Use of Department Vehicles/Equipment; Authorized
Passengers
Seatbelt Usage
Canines
Grooming and Uniform Requirements and
Juvenile Operations
Unusual Occurrences
Emergency Response Team
Bomb Threats and Explosive Devices
41.2.8
41.2.11
41.2.13
41.2.17
Specifications..41.3.5
44.1.1
46.1.1
CHAPTER 48-50: (RESERVED)
CHAPTER 51-54: OPERATIONS SUPPORT
**
46.2.1
47.1.13
Office of Professional Standards (OPS) 52.1.1
CHAPTER 55-60: (RESERVED)
CHAPTER 61-66: TRAFF/C OPERATIONS
Inventory of Towed Vehicles 61.4.3
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
Suicide Identification Guidelines 72.5.5
Medical and Dental Care For Prisoners 72.6.1
CHAPTER 75-80: (RESERVED)
CHAPTER 81-84: AUXILIARY & TECHNICAL SERV/CES
**
**
Bank Alarm Response Policy (Business Hours) 81.2.13
Property Management; Acquired & In -custody Property...84.1.1
INDEX
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•FAYETTEVILLE POLICE DEPARTMENT.
FAYETTEVILLE, ARKANSAS
POLICIES, PROCEDURES, AND RULES
Effective Date
Number
Subject
LAW ENFORCEMENT AGENCY ROLE
Reference
Special Instructions
Distribution
All Personnel
Reevaluation Date
1 -Year
INo.Pages
L -4-
I. PURPOSE
The purpose of this policy is
to define the functional role
of the Fayetteville Police
Department.
II. POLICY
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 departments'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
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 employees
contribution to departmental
management and operation.
3. Upon request, program
supervisors shall submit to the
Chief of Police a written
evaluation on the progress made
toward department performance
measures.
(1.1.1) Page 1
4. Performance mea ures shall
be routinely reviewed and
updated to help endure
direction, unity of purpose,
and provide a basis for
measuring progress.
B.
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
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 office. 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
A police officer will use
responsibly the discretion
invested in the position and
exercise it within the law.
The principle 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.
(1.1.1) Page 2
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Consistent anise 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 advise
rather than arrest, which may
be correct in appropriate
circumstance, 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
and will never engage in cruel,
degrading or inhumane treatment
of any person.
CONFIDENTIALITY
Whatever a police officer
sees, hears or learns of, which
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 abIt them must not be
improperly divulged.
INTEGRITY
A police officer will not
engage in acts of corruption or
bribery, nor will 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 performing official
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.
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.
(1.1.1) Page 3
PERSONAL/PRO.SSIONAL
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 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 to themselves.
A police officer's
character and conduct while
off-duty must always be
exemplary, 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
•FAYETCEVILLE POLICE DEPARTMENT•
FAYETtEVILLE, ARKANSAS
POLICIES, PROCEDURES, AND RULES
(Effective Date
(Number
1.2.1
Subject
LIMITS OF AUTHORITY
Reference
Special Instructions
Distribution
All Personnel
Reevaluation Date
1 -Year
No.Pages
-6-
I. PURPOSE
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
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
offense punishable by
incarceration for not more than
one year in a county jail or
fine or similar penalty.
(1.2.1) Page 1
ePeon
c onsidered tc
tghenanot workxngtOn
3411
re
t. ---duty!!]
fu aerance
of: Departmental" ob3ectivea
durin• th"eiar regu am*
schedual�ed hoursor other hours
asrequire d by police
supervisor .or, spurt order,
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 vatI1 eL Lvio tounc ll
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 thecorporate
limits or extraterritorial
jurisdiction of the City shall
be entitled to all privileges,
immunities, and benefits to
which he would be entitled if
acting /thin the City,
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 liberty; 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 jurisdiction of the City of
Fayetteville.
(2) An officer who has
knowledge that a warrant for
(1.2.1) Page 2
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arrest has been AL and has
not been executed, but who does
not have the warrant in his
possession, may arrest the
person named in the warrant at
asLy La,,,e . accdi'nq 4irtd
Arkansas_ or
ansas, State ;law.
(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
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 orlrivate 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
8151'1 ) annd Domes't+res�"yAbuse Act
ail*aefined~ ritiR IOCRWaT. .Rule
4_l (aMIY)iI
989" 6;
(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);
(c) The officer has reason to
believe the suspect will not be
apprehendedunless immediately
arrested.
3. Upon making an arrest, an
officer must:
(1.2.1) Page 3
a. Identify hims f as a law
enforcement officer unless his
identity is otherwise apparent;
b. Inform the arrested person
that he is under arrest; and
c. As promptly as is
reasonable under the
circumstances, inform the
arrested person of the cause of
the arrest, unless the cause
appears to be evident.
4. An arrest is complete
when:
a. The person submits to the
control of the arresting
officer who has indicated his
intention to arrest, or
b. The arresting officer,
with intent to make an arrest,
takes a person into custody by
the use of physical force.
5. An officer may enter
private premises or a vehicle
to effect an arrest when:
a. The officer has in his
possession a warrant or order
for arrest of a person or is
authorized to arrest a person
without a warrant or order
having been issued;
b. The officer has reasonable
cause to believe the person to
be arrested is present, and
d. The officer has given, or
made reasonable effort to give
notice of his authority and
purpose to an occupant thereof,
unless there is reasonable
cause to believe that the
giving of such notice would.
present a clear danger to human
life.
6. Arrest for Serious Crime
When an Oficer arrests a
person for a serious crime, the
officer shall advise the
upervtsor
determination wlrlbe Plaaalf
the detective division aha` llbe
�„
gotifiedof the arrest for
further interviewing and
investigation.
7. Arrest of Military
Deserter
Officers with probable cause
that a person is a military
deserter may arrest that person
and arrange as soon as possible
to release the person to the
proper military authorities.
8. Arrest of Unconscious or
Semiconscious Person
Whenever an officer arrests an
individual who is unconscious,
semiconscious, or otherwise
apparently suffering from some
disabling condition, and who is
unable to provide information
on the causes of the condition,
the officer should make a
reasonable effort to determine
if the person arrested is
wearing a bracelet or necklace
containing the Medic Alert
Foundation's emergency alert
symbol to indicate that the
person suffers from diabetes,
epilepsy, a cardiac condition,
or any other form of illness
which would cause a loss of
consciousness. If such a
symbol is found indicating that
the person being arrested
suffers from one of those
conditions, the officer must
make a reasonable effort to
have appropriate medical care
provided n_al%sch arreas'
oiershcmp%hJ
Standardandyng
unconscious pers raa°
9. Misuse of Arrest Authority
(1.2.1) Page 4
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Officers of the Illyetteville
Police Department shall not
misuse the arrest authority
that has been delegated to
them.
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 mih'e
municipal --'judge determinescthee
offense 'to ='be'. •;c'i't'abie)4 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.; or
c. Infor. resolution, tiu,lz
I,ny u.e
etr, or
d. Warnings.
2. Arrest of Injured Person
V1Vl1III
.ta,,,agc,
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 exa„«zzc3herve 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.
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 Efrdi)ly
'injury or „proper,ty',�Yos"s7daam qe
of a ..Li,,,, or apprehension of a
suspect;
(2) The arresting officer is
in possession of appropriate
police identification.
(1.2.1) Page 5
NeTE+ . eff dut atfscers
shall noL ellyaye in vellicalas
�l u l_suiLs W11ilc dsivi11g
ptivately .wnes veil e.•
Tlae
•
lloc VL blue 11y1zLo LOi LLaLLl. e.
sLup yutpu
Lw11c �1 veld Clea is psuhibiLed.
OLticels
may use psiyaLely
p1lVately
Uwued Lluc la
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YYioat.11ia1y LI.d111�. v
LLsdcllt vl uL11c
C211 .L CI
tlllelyelll.y scenes.
not, enforc
offenses
uta
vehicles
I _ :. �,;,
attem
persons
:office
$minor
illie
ursue
pre •
hens
cautiously
obtain zvehic
descriptions-+ `�
but ofr
is- no.autherrzation
law br :DeparfftmeC
violate..`.trac-n}
Ina Ian
ai ze there
Punderirstate
a1 — .-.
ile
operating.a pr vate.;vehrcle`,
b. If an off-duty arrest is
made, the off-duty officer
shall abide by all departmental
policies and procedures and
shall notify an on -duty police
supervissor`of-the circumstances'
�f.';the arrest:rand complete any;
documentation of the°?lncident
alid arrest required tby; the
Supervisor or;; ..DepartmentalL
Policies and Procedures.
Ye, so11ne1 as says± yossible.
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
individualrund
a public place,
of the following
a. The officer
transport the
individual home;
intoxicated in
by taking any
actions:
may 1)il.eLt of
intoxicated
b. The officer may tlil.e�.L u1
transport the intoxicated
individual to the residence of
another individual willing to
accept him;
c. The officer may UILcl.L �1
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 tlil.cl.t �1
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
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°AYETTEVILLE POLICE DEPARTMENT°
FAYETTEVILLE, ARKANSAS
POLICIES, PROCEDURES, AND RULES
Effective Date
Number
1.2.2
Subject
ARREST PROCEDURES
.Reference
Special Instructions
Distribution
All Personnel
Reevaluation Date
1 Year
No.Pages
-3-
I. PURPOSE
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
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
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.
(1.2.2) Page 1
E. In the case of 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
Lim f
section L.
IV. 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 lesser
offense punishable by
incarceration for not more than
one year in a county jail or
fine or similar penalty.
✓ . 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.
2. When a subject threatens
to flee or injure the arresting
officerlor„.,ot'h&t4 he must be
prepared to use his training in
self-defense in defending
himself '':x- *v" others`;: while
taking the person into custody.
mp eted
4.`vohved
n
Pafaaokir
Arrest;
k84ivti?�'r
off}icer
warreness
VI. 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 strong probability
that it will disclose things
subject to seizure and related
to the offense for which the
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individual was ar sted. 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, 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 or others.
The search shall not be more
detailed than is reasonably
necessary to insure safety.
•
(1.2.2) Page 3
•
FAYETTEVILLE POLICE DEPARTMENT
FAYETTEVILLE, ARKANSAS
POLICIES, PROCEDURES, AND RULES
Effective Date
Number
1.2.4
Subject
DOMESTIC VIOLENCE
Reference
Special Instructions
Distribution
All Personnel
Reevaluation Date
1 Year
No.Pages
-8-
I. PURPOSE
To establish clear policy and
procedural directives for
officers responding to domestic
violence calls.
II. POLICY
It is the policy of this
department to treat all acts of
domestic violence as criminal
conduct. Therefore, an
officer's objective(s) in
responding to domestic violence
calls shall be to protect
victims from further violence,
enforce state laws against
violators, and arrest offenders
where applicable.
A. Arresting Domestic
Violence Offenders
An officer has the authority to
make an arrest_with or without
a warrant for domestic abuse as
provided in Rule 4.1 (a) (iv) of
the Arkansas Rules of Criminal
Procedures.
A.R. Cr.P. Rule 4.1 (a)(iv)
states:
(a) A law enforcement officer
may arrest a person without a
warrant if the officer has
reasonable cause to believe
that such person has
committed....
(iv) acts which constitute a
crime under the laws of this
state and which constitute
domestic abuse as defined by
law against a family or
household member and which
occurred within four (4) hours
preceding the arrest.
Although officers shall
exercise discretion in
responding to domestic violence
calls, arrest shall be the
preferred action in cases
involving physical violence
and/or domestic battering as
stated in Ark. Code Ann. 16-81-
113.
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•
III. DEFINITIONS
A. Domestic Violence
Domestic
defined
physical
assault,
imminent
violence is generally
as the infliction of
harm, bodily injury or
or the fear of
physical harm, bodily
injury or assault, by one
family or household member on
another.
B . Wife or Spouse Abuse
Wife or spouse abuse is
usually defined as acts of
violence or recurring assaults
between sexual partners,
married and unmarried, who are
living together or who
previously lived together.
C. The Domestic Abuse Act of
1995
The Domestic Abuse Act of 1995
amended the statutes formerly
t itled "Wife Battering." They
are now entitled, "Domestic
Battering" and they include
family and household members in
the class of persons protected.
D . Family or Household Member
(F/HM)
The "family or household
member" relationship must be
proven in any Domestic
Battering crime.
Ark. Code Ann. 5-26-302 defines
"family or household member" as
including:
(1) spouses or former spouses
(2) parents and children
•
(3) persons related by blood
within the fourth degree of
consanguinity
(4) persons who presently or in
the past have resided or
cohabited together.
E . Physical Abuse
The act of striking,
threatening, harassing or
interfering with the personal
liberty of any family or
household member by any other
family or household member, but
excluding reasonable discipline
of a minor child by a parent or
guardian of such a minor child.
IV. CRIMINAL CHARGES
There are four (4) situations
where it is preferable under
current Arkansas law to charge
regular Battery instead of
Domestic Battering.
If charged as Battery, the
following four offenses will
merit a felony charge, whereas
they would only be misdemeanors
under Domestic Battering.
It is preferable to charge
regular Battery when there is
physical injury....
(a) by means of a firearm
Charge under 5-13-201(a)(7)
B Felony
(b) to a pregnant woman
(causing miscarriage or
stillbirth)
Charge under 5-13-201 (c)(5)(A/B)
B Felony
(d) to a person over age 60
Charge under 5-13-202(a)(4)(C)
(1.2.4) Page 2