HomeMy WebLinkAbout111-07 RESOLUTIONRESOLUTION NO. 111-07
A RESOLUTION APPROVING AN AMENDMENT TO
FAYETTEVILLE POLICE DEPARTMENT POLICY 121, LIMITS
OF AUTHORITY.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1. That the City Council of the City of Fayetteville, Arkansas
hereby approves an amendment to Fayetteville Police Department Policy 1.2.1,
Limits of Authority. A copy of the amended Policy, marked Exhibit "A" is
attached hereto and made a part hereof.
PASSED and APPROVED this 19th day of June, 2007.
APPROVED:
ATTEST:
DAN COODY, Mayor
c";• -rY QC' .1<.,•.•
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;FAYETTEVILLE: a
ter4' - : ,�
Skti ^'iRKAN* JZ�:
SONDRA E. SMITH, City Clerk/Treasurer
EXHIBIT "A"
FAYETTEVILLE POLICE DEPARTMENT
FAYETTEVILLE, ARKANSAS
POLICIES, PROCEDURES, AND RULES
Effective Date
January 6, 1999
Number
1.2.1
Subject
LIMITS OF AUTHORITY
Reference
Special Instructions
Distribution
All Personnel
Reevaluation Date
1 -Year
No.Pages
-7-
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 pre -arraignment
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.
FELONY
(1.2.1) Page 1
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.
E. OFF-DUTY
For the purposes of this section, officers are considered to be
"off-duty" when not working in furtherance of Departmental
objectives during their regularly scheduled hours or other hours as
required by a police supervisor or court 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 Council 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. An officer outside his or her jurisdiction may affect an
arrest without a warrant upon having both probable cause and the
request or permission of the agency having jurisdiction. Upon doing
so. the officer must notify the law enforcement agency having
jurisdiction as soon as practicable and relinquish custody of the
suspect to that agency as described under Arkansas Code Annotated
16-81-106.
5. 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, including coverage under the
workmen's compensation laws.
B. ARREST AUTHORITY
(1.2.1) Page 2
An officer may affect 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.
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 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 according to Arkansas 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
(1.2.1) Page 3
(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
or private citizen is unable to determine the particular offense
which may have been committed.
(5) A warrant less arrest by an officer not personally possessed
o f 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
o fficer's presence at the time of the offense is 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 16-81-113) and Domestic Abuse Act as defined in A.R. CR.
T. Rule 4.1 (a) (IV);
(b) The suspect has committed the offense of shoplifting when the
o fficer, 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
apprehended unless immediately arrested.
3. Upon making an arrest, an officer must:
a. Identify himself 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.
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.
(1.2.1) Page 4
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
c. 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 officer arrests a person for a serious crime, the officer
shall advise the supervisor on duty and a determination will be
made if the detective division shall be notified of 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
e ffort 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
o fficer must make a reasonable effort to have appropriate medical
care provided. In all such arrests, officers shall comply with
Jail Standards on handling unconscious person(s).
9. Arrest of Foreign Nationals
Whenever a foreign national is arrested or detained in the United
States, there are legal requirements contained in the Vienna
Convention on Consular Relations to ensure that the foreign
national's government can offer him/her appropriate consular
assistance. In all cases the foreign national must be told of the
✓ ight of consular notification and access. According to the
Department of State, this requirement applies even if the foreign
(1.2.1) Page 5
national is not in the United States legally. A list of contact
information for embassies and consulates within the United States
is available in the Patrol Lieutenant's Office and the Washington
County Detention Center.
In some cases, mandatory notification must be made to the nearest
consulate or embassy without delay, or within the time specified in
a bilateral agreement between the United States and the foreign
national's country, regardless of whether the foreign national
requests such notification. If the foreign national's country is on
the list of mandatory notification countries, notify that country's
nearest consular official, without delay, of the arrest/detention,
A list of the mandatory notification countries is available in the
Patrol Lieutenant's Office and the Washington County Detention
Center.
Privacy concerns or the possibility that a foreign national may
have a legitimate fear of persecution or other mistreatment by
his/her government may exist in some mandatory notification cases,
The notification process should still be honored, but it is
possible to take precautions regarding disclosure of information.
The State Department should be consulted in these situations.
Under no circumstances should any information indicating that a
foreign national may have applied for asylum in the United States
or elsewhere be disclosed to that person's government.
It is the responsibility of the arresting officernot the
detaining facility, to notify the arrested person's nearest
consular official. It is also the arresting officer's
responsibility to inform the arrestee notification has been made.
A form documenting arrest notification that can be sent via FAX is
available in the Patrol Lieutenant's Office and the Washington
County Detention Center. A copy of this notification process
should be attached to the arrest report.
10. Misuse of Arrest Authority
Officers of the Fayetteville 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
(1.2.1) Page 6
discretion does not relieve the officer of his responsibility to
conduct a thorough investigation.
Alternatives to Arrest
a. Issuance of a citation or criminal summons (when the municipal
judge determines the offense to be citable) 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
Informal resolution; 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 observe 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.
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 of bodily injury
or property loss/damage or apprehension of a suspect;
(2) The arresting officer is in possession of appropriate police
identification.
b. Off-duty officers shall not enforce minor traffic offenses or
utilize personal vehicles to pursue or to attempt the apprehension
of persons.
1. Off-duty officers may cautiously follow suspects to obtain
vehicle and suspect descriptions or destination, but officers must
realize there is no authorization under state law or Department
policy to violate traffic law while operating a private vehicle.
(1.2.1) Page 7
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 supervisor of the circumstances of the arrest and
complete any documentation of the incident and arrest required by
the supervisor or Departmental Policies and Procedures.
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:
a. The officer may transport the intoxicated individual home;
b. The officer may transport the intoxicated individual to the
residence of another individual willing to accept him:
c. The officer may 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 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 8
Greg Tabor
Submitted By
City of Fayetteville
Staff Review Form
City Council Agenda Items
or
Contracts
6/19/2007
City Council Meeting Date
Police
Division
Action Required:
Police
Department
Council approve a resolution amending Fayetteville Police Department Policy 1.2.1 "Limits of Authority"
$0
Cost of this request
Account Number
Project Number
Budgeted Item
Category / Project Budget
Funds Used to Date
Remaining Balance
Budget Adjustment Attached
Program Category / Project Name
Program / Project Category Name
Fund Name
i A t
Department irector
CO( °,--.
City Attom
41b3 cu LL
Finance and Internal Service Director
Mayor
Ser,
Date
6 -tet -o7
Date
Date
Previous Ordinance or Resolution #
Original Contract Date:
Original Contract Number:
Received in City Clerk's Office
Received in Mayor's Office
Comments:
FAYETTEVILLE
THE CITY OF FAYETTEVILLE, ARKANSAS
DEPARTMENTAL CORRESPONDENCE
TO: Mayor Dan Coody and Members of the City Council
FROM: Greg Tabor, Chief of Police\
DATE: May 30, 2007
SUBJECT: Policy Amendment
Recommendation: Council approves a resolution amending Fayetteville Police
Department Policy 1.2.1 "Limits of Authority"
Background: The current Fayetteville Police Department Policies were approved by
council resolution #3-99 on January 5`h, 1999. The police department recently discovered
that Fayetteville Police Department Policy 1.2.1 is missing certain elements required by
Arkansas Code Annotated §16-81-106 and federal regulations in regard to the Vienna
Convention on Consular Relations. Approval of this amendment will bring Fayetteville
Police Department policy in compliance.
Discussion: A.C.A. §16-81-106 requires law enforcement agencies to have a policy in
regard to non jurisdictional arrests. This proposed change will add the section III A (4)
to address non -jurisdictional arrests. (See highlighted area of attachment #A)
The Vienna Convention on Consular Relations establishes the baseline for most
obligations with respect to the treatment of foreign nationals who are arrested or detained
within the United States. This proposal will add section #III B. (9) outlining protocol
required of an officer when arresting or detaining a foreign national. (See highlighted
area of attachment #A)
Budget Impact: None
RESOLUTION NO.
A RESOLUTION APPROVING AN AMENDMENT
FAYE TI EVILLE POLICE DEPARTMENT POLICY 1
OF AUTHORITY.
BE IT RESOLVED BY THE C COUN O THE OF
FAYETTEVILLE, ARKANSAS:
Section 1. That
hereby approves
Limits of Authority
attac d
Coun. e City Fayetteville nsas
t to Fa • Pohc epartment . icy 1 21,
of the rked Exhibit "A" is
t here
9th day of June, 2007.
ATTEST -
By:
AN COODY, Mayor SONDRA E. SMITH, City Clerk/Treasurer
FAYETTEVILLE POLICE DEPARTMENT
FAYETTEVILLE, ARKANSAS
POLICIES, PROCEDURES, AND RULES
Effective Date
January 6, 1999
Number
1.2.1
Subject
LIMITS OF AUTHORITY
Reference
Special Instructions
Distribution
All Personnel
Reevaluation Date
1 -Year
No. Pages
-7-
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 pre -arraignment
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
(1.2.1) Page 1
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.
E. OFF-DUTY
For the purposes of this section, officers are
"off-duty" when not working in furtherance
objectives during their regularly scheduled hours
required by a police supervisor or court order.
III. POLICY
A. JURISDICTION AND STATUTORY AUTHORITY
considered to be
of Departmental
or other hours as
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
criminal process that may be directed to them by any
Court and may enforce the ordinances and regulations
the City Council may direct.
all civil and
officer of the
of the City as
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. An officer outside his or her jurisdiction may affect an
arrest without a warrant upon having both probable cause and the
request or permission of the agency having jurisdiction. Upon doing
so, the officer must notify the law enforcement agency having
jurisdiction as soon as practicable and relinquish custody of the
suspect to that agency as described under Arkansas Code Annotated
16-81-106.
5. 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
•
(1.2.1) Page 2
entitled if acting within the City, including coverage under the
workmen's compensation laws.
B. ARREST AUTHORITY
An officer may affect 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 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 according to Arkansas 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:
(1.2.1) Page 3
(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
or private citizen is unable to determine the particular offense
which may have been committed.
(5) A warrant less 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 is 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 16-81-113) and Domestic Abuse Act as defined in A.R. CR.
T. Rule 4.1 (a) (IV);
(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
apprehended unless immediately arrested.
3. Upon making an arrest, an officer must:
a. Identify himself as a law enforcement officer unless his
identity is otherwise apparent;
(1.2.1) Page 4
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
c. 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 officer arrests a person for a serious crime, the officer
shall advise the supervisor on duty and a determination will be
made if the detective division shall be notified of 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,
(1.2.1) Page 5
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. In all such arrests, officers shall comply with
Jail Standards on handling unconscious person(s).
9. Arrest of Foreign Nationals
Whenever a foreign national is arrested or detained in the United
States, there are legal requirements contained in the Vienna
Convention on Consular Relations to ensure that the foreign
national's government can offer him/her appropriate consular
assistance. In all cases the foreign national must be told of the
right of consular notification and access. According to the
Department of State, this requirement applies even if the foreign
national is not in the United States legally. A list of contact
information for embassies and consulates within the United States
is available in the Patrol Lieutenant's Office and the Washington
County Detention Center.
In some cases, mandatory notification must be made to the nearest
consulate or embassy without delay, or within the time specified in
a bilateral agreement between the United States and the foreign
national's country, regardless of whether the foreign national
requests such notification. If the foreign national's country is on
the list of mandatory notification countries, notify that country's
nearest consular official, without delay, of the arrest/detention.
A list of the mandatory notification countries is available in the
Patrol Lieutenant's Office and the Washington County Detention
Center.
Privacy concerns or the possibility that a foreign national may
have a legitimate fear of persecution or other mistreatment by
his/her government may exist in some mandatory notification cases.
The notification process should still be honored, but it is
possible to take precautions regarding disclosure of information.
The State Department should be consulted in these situations.
Under no circumstances should any information indicating that a
foreign national may have applied for asylum in the United States
or elsewhere be disclosed to that person's government.
It is the responsibility of the arresting officer, not the
detaining facility, to notify the arrested person's nearest
consular official. It is also the arresting officer's
responsibility to inform the arrestee notification has been made.
A form documenting arrest notification that can be sent via FAX is
available in the Patrol Lieutenant's Office and the Washington
County Detention Center. A copy of this notification process
should be attached to the arrest report.
(1.2.1) Page 6
10. Misuse of Arrest Authority
Officers of the Fayetteville 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 (when the municipal
judge determines the offense to be citable) 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.
d.
2.
Informal resolution; or
Warnings.
Arrest of Inured 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 observe 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
(1.2.1) Page 7
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 of bodily
or property loss/damage or apprehension of a suspect;
(2) The arresting officer is in possession of appropriate
identification.
injury
police
b. Off-duty officers shall not enforce minor traffic offenses or
utilize personal vehicles to pursue or to attempt the apprehension
o f persons.
1. Off-duty officers may cautiously follow suspects to obtain
vehicle and suspect descriptions or destination, but officers must
realize there is no authorization under state law or Department
policy to violate traffic law while operating a private vehicle.
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 supervisor of the circumstances of the arrest and
complete any documentation of the incident and arrest required by
the supervisor or Departmental Policies and Procedures.
c. No prisoner or arrestee, under any circumstances, shall be
t ransported 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:
a. The officer may transport the intoxicated individual home;
b. The officer may transport the intoxicated individual to the
residence of another individual willing to accept him;
c. The officer may 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 transport the intoxicated individual to the
Washington Regional Medical Center or other medical care facility
(1.2.1) Page 8