/ S.O.P / Eff. Date: 10-30-96

Number: 6.07

Title: Arrest Procedures

Issuing Authority: L.E. Nippins, III, PSD/CLEO / Eval. Date: 10-30-03
Accreditation 1 Law Enforcement Role and Authority, 74 Legal Process, 82 Records
Accreditation Standards: 1.2.5, 74.3.1, 74.3.2, 82.3.7
Revision Date / Page Numbers / Sections / Approved

SUBJECT: Arrest Procedures

6.07 (6 pgs)

I. Purpose

The purpose of this General Order is to provide guidelines for members of the department in effecting arrests both with and without warrants, and to provide procedures for processing arrested persons.

II. Policy

It will be the policy of the department to make arrests in compliance with law for the purpose of protecting the community and to fulfill the department’s role in the prosecutorial process. When making arrests the constitutional rights and privileges guaranteed arrested persons will be protected. Arrested persons will at all times be treated fairly and at no time will be physically, verbally, or mentally abused.

III.Procedure

A. Lawful Arrest

A lawful arrest is the justified substantial physical interference with a person’s liberty by the apprehension and detention of that person. Arrests are generally effected to prevent the commission of a crime, or to hold a person accountable for having committed a crime.

It is not necessary to verbally advise a person that they are under arrest, or to physically restrain them to effect an arrest. All that is required is that a reasonable person reasonably belief that they are not free to leave a particular location or otherwise terminate an encounter with police. For this reason it is extremely important that officers ensure that their actions in an encounter, based on other than probable cause, are not perceived in such a manner as to elevate the encounter into an arrest for which no probable cause exists.

1. Arrest with warrant

a. The issuing of an arrest warrant demonstrates that a detached and neutral judge or magistrate has determined that probable cause exists to believe that the subject of the warrant has committed an offense.

b. An officer in possession of such a warrant, or with knowledge that such a warrant exists, has the right to execute the warrant at anytime anywhere within the State of NJ. Only sworn law enforcement officers may execute arrest warrants.

  • Members of this department will not execute any arrest warrant between 0000 and 0600hrs without supervisory approval.

c. Upon execution, the subject of the warrant shall be brought before the court without unnecessary delay.

d. Once executed the warrant shall be promptly returned to the issuing court.

  • Officers will place a copy of the warrant in their case folder, and the original copy in the court box in the police services area.

2. Arrest without warrant

a. Officers may effect an arrest, without a warrant, if the person being arrested is committing the offense in the officer’s presence.

  • This applies to indictable offenses as well as disorderly persons offenses.

b. Officers may effect an arrest, without a warrant, if there is probable cause to believe that the person being arrested has committed or is committing a crime.

  • When there is probable cause but the act is not committed in the officer’s presence, the crime being committed must carry a penalty of imprisonment for at least one year. If the penalty for the offense is less than that, the officer must obtain a warrant before effecting the arrest.

c. Immediately upon effecting an arrest, as described in (a) or (b) above, without a warrant for any of the following offenses:

  • murder
  • kidnapping
  • manslaughter or aggravated manslaughter
  • robbery
  • sexual assault or aggravated sexual assault
  • criminal sexual contact or aggravated criminal sexual contact
  • aggravated assault
  • arson or aggravated arson
  • burglary
  • Controlled Dangerous Substances Act (Chapter 35 of Title 2C) violations that constitute first or second degree crimes
  • crimes involving the possession or use of a firearm, or
  • conspiracies or attempts to commit any of these crimes

the arresting officer will respond to police headquarters where a Complaint-Warrant will be prepared. The arrested person shall be taken without unnecessary delay before a committing judge. If there is probable cause to believe that the arrested person committed one of the above listed crimes, the judge, court clerk, or deputy court clerk will issue the warrant.

  • If the judge feels that the arrested person will appear in response to a summons he may issue a Complaint-Summons CDR.

d. If the arrest without warrant is for any other indictable offense, is for a non-indictable offense which is a companion offense to an indictable offense, or is a domestic violence offense, the arresting officer will immediately respond to police headquarters where a Complaint-Summons CDR will be prepared. Following completion of arrest processing procedures the Officer-in-Charge will issue a summons to the arrested person and release them pending their appearance in court.

  • If any of the following conditions exist, the officer may make application for a warrant instead of issuing a summons:

The person has previously failed to respond to a summons.

The officer has reason to believe the person is dangerous to himself, others, or property.

There are outstanding arrest warrants for the person.

The prosecution of this or other offenses for which the person was arrested or the prosecution of any other offense would be jeopardized by the person’s release.

The person cannot be positively identified.

The officer has reason to believe the person will not appear in response to a summons.

e.If the arrest without warrant is for a petty disorderly or disorderly persons offense, and does not involve domestic violence or is not a companion charge to an indictable offense, the arresting officer will issue a Special Form of Complaint and Summons in accordance with SOP 6.13.

B. Custody and Transportation

1.Immediately upon arrest all persons will be appropriately secured. At a minimum they are to be handcuffed unless handcuffing is not possible due to injury or disability. Only a supervisor may approve not handcuffing an individual for any other reason.

2. The entire person of the individual taken into custody is to be searched for weapons, contraband, and evidence, as is the area under that individual’s immediate control. The search incident to arrest is to be conducted in compliance with the provisions of SOP #6.06. The search must be thorough to ensure the safety of the individual, the arresting officer, and other officers and persons the individual may come in contact with while in custody.

a.Whenever possible this search should be conducted after the individual has been restrained.

3. After being restrained and searched the individual should be placed in the rear of a police vehicle equipped with a safety barrier between the front and rear passenger compartments. If no such vehicle is available a supervisor will assign the appropriate number of officers to transport the individual in another vehicle. The supervisor is to ensure that the officers are properly positioned in the vehicle.

a.Individuals being transported in department vehicles should use vehicle safety restraints.

4. Individuals taken into custody are to be transported directly to police headquarters or other agency or facility as directed. The only exception being when directed to do otherwise by an officer of supervisory rank, or in circumstances requiring that the individual be transported to a medical facility for treatment.

a. Prior to commencing transportation officers will advise communications of the number of individuals being transported and their sex, the starting location, their destination, and starting mileage. Upon arrival at their destination officers are to give their ending mileage.

5. If the transportation terminates at this department, the officer will bring the individual into the ID/Processing area via the salleport. Once inside the salleport, which is part of the holding facility, the officer will comply with all provisions of the holding facility SOP’s in regards to Holding Facility Security (8.04), Detainee Property (8.06), Intake and Monitoring (8.07), and Detainee Rights (8.08).

a.Once the individual has been secured inside the ID/Processing area, the officer is to examine the rear passenger compartment of the transporting vehicle for any weapons, contraband, evidence, or personal property that may have been deposited or secreted there by the individual transported.

C. Arrest Processing

1. Uniform Arrest Report (UAR)

a. A UAR will be completed for every individual arrested by a member of this department. All the arrested individual’s identification information is to be completed in full. If the individual is being less than cooperative it may require that the information be obtained from other sources such as the Records Bureau, computerized DMV files, or computerized criminal history files.

  • No one should be released until all identification information has been obtained.

b. The offense charged and statute number must be entered in the report as well as the name of the complainant and date and time of offense and arrest.

c. The name of the court having jurisdiction, amount of bail, and facility committed to if applicable should also be included.

d. The officer will also obtain the name, address, and telephone number of the individual’s next of kin.

e. Once completed the report is to be placed in the case folder with related reports and documents and submitted to a supervisor for review and approval.

2.Fingerprints

a. Adults will be fingerprinted when one or more of the following applies:

  • has been arrested for or charged with an indictable offense
  • has been arrested for a drug offense
  • has been arrested for shoplifting
  • has been arrested for prostitution
  • has been arrested and is believed to be a habitual criminal
  • has been arrested and is believed to be wanted for an indictable offense
  • has been convicted of a non-indictable offense and the identity of the

person convicted is in question

For procedures in regards to the fingerprinting of juveniles see SOP 4.03.

b.Three sets of fingerprints will be taken;

  • FBI card
  • SBI card
  • BTPD card

c.The officer taking the fingerprints and the arrestee will sign and date each card. The cards are to be placed in the case folder with related reports and documents and submitted to a supervisor for review and approval.

d.Persons arrested for motor vehicle violations or for failure to appear to answer to motor vehicle violations are not be fingerprinted without supervisory approval.

3. Photographs

a. All adults arrested for the commission of a criminal offense will be digitally photographed. One photograph will be taken of each individual. The photograph will include a full front view and a full left profile.

  • For procedures in regards to the photographing of juveniles see SOP 4.03.

b. Individuals should remove headwear before being photographed unless the headwear is unusual, particular to the individual as an identifier, or has value as criminal intelligence. In these cases two photographs of the individual should be taken, one with the headwear and one without.

c. Persons arrested for motor vehicle violations or for failure to appear to answer to motor vehicle violations are not be photographed without supervisory approval.

D. Arraignment (First Appearance)

1. Generally, officers will not be required to appear in court as part of the arraignment process. It will be the responsibility of the court having jurisdiction to contact police records to have the necessary reports forwarded. It will be the officer’s responsibility to complete and submit reports in a timely manner.

a. There may be instances requiring that an officer appear at a defendant’s arraignment. Officers will be given written and timely notice in these instances. Failure to appear when so noticed may result in department disciplinary action or further court action.

- End -

Attachments: Uniform Arrest Report

BTPD Fingerprint Card

FBI Fingerprint Card

SBI Fingerprint Card

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