ARREST, TRANSPORT AND TEMPORARY DETENTION 4.16
4.16.1 PURPOSE
A. Apprehension and arrest of those who violate the law is one of the primary functions of law enforcement. The manner in which Department members carry out their responsibilities in this area is extremely important. Officer performance affects the safety of citizens and their property. It also affects the safety of other officers. Finally, it affects the reputation and civil liability of the Department and its members. This directive provides guidelines on arrests, citations, transporting persons under arrest, and use of the temporary detention facility.
4.16.2 DISCUSSION
A. The administration of criminal justice consists of the identification, arrest, prosecution, punishment and rehabilitation of those who violate the law. It has as its objective voluntary compliance with the law as an alternative to punishment. Once a crime has been committed, it is the duty of the Department to initiate the criminal justice process by identifying and arresting the perpetrator, to obtain necessary evidence, and to cooperate in the prosecution of the case. As the certainty of swift and sure punishment serves as an effective deterrent to crime, the Department must diligently strive to solve crimes and to bring perpetrators to justice. Officers are expected to take appropriate action within the procedures of the Department in response to violations of the laws and ordinances when violations come to their attention.
4.16.3 definitions
C. Juvenile Offender
1. Status Offender: A juvenile who is charged with an offense that would not be a crime if committed by an adult.
2. Criminal Offender: A juvenile who is charged with an offense that would be a crime if committed by an adult.
D. Responsible Adult: In the absence of a juvenile’s parents or legal guardian, a responsible adult is one who is responsible for the physical custody of a juvenile or who is another adult acquaintance of the juvenile’s parents or legal guardian who agrees and reasonably demonstrates the ability to provide supervision for the juvenile until parents, legal guardian or next of kin can assume that responsibility.
E. Non-secure Custody: A condition under which a person’s freedom of movement is controlled by members of the Department and, during such time, the person:
1. Is held in an unlocked, multi-purpose area (i.e., reception area, interview rooms, report writing room, etc.);
2. Is at no time handcuffed to any stationary object;
3. Is held only long enough to complete identification, investigation and processing then released to a responsible adult or transferred to an appropriate facility or court; and
4. Is under continuous visual supervision until released.
F. Temporary Detention Area (TDA)/Secure Custody: Is the portion of the police facility that consists of the sally port entrance, four holding cells, and DUII processing room. NOTE: Barring extenuating circumstances, no person may be detained in the Department’s TDA beyond four hours.
G. Restraints: Handcuffs, Flex-Cuffs, hobbles, belly chains, and all such devices the design or use of which is to temporarily restrain a person for the purpose of officer safety or to prevent injury to the person or another.
4.16.4 RESPECT FOR CONSTITUTIONAL RIGHTS
A. Individuals may not be deprived of their constitutional rights merely because they are suspected of committing a crime. An officer who lawfully acts within the scope of authority does not deprive persons of their civil liberties. Officers may within their scope of authority make reasonable inquiries, conduct investigations, and arrest on probable cause.
4.16.5 CRITERIA
A. Officers are empowered with a great deal of discretion in dealing with matters of booking and incarceration of offenders. However, certain criteria should be adhered to in determining the disposition of enforcement action.
B. Felony Offenders
1. Persons accused of felony crimes should be booked, photographed, fingerprinted and incarcerated. Specific crimes designated by the District Attorney’s office may be cited to appear and released after booking, photographing, and fingerprinting.
C. Misdemeanor Offenders
1. Persons accused of misdemeanor offenses may be incarcerated, or cited to appear and released after all pertinent booking information has been obtained, depending on the severity of the offense and with due consideration for any hazard they may pose. The officer has the option of fingerprinting and photographing any misdemeanor offender. In all cases where an arrest has been made or a citation to appear has been issued, the officer will obtain a case number and complete an arrest report.
4.16.6 DISCRETION AND ALTERNATIVES TO ARREST
A. Discretion is the freedom to act. Every member uses discretion to resolve situations the member confronts. Members may use discretion to select an appropriate response when dealing with traffic offenses, violations, requests for public records, and certain criminal offenses of a minor nature. The more significant or serious an incident, the less discretion is authorized. Members' discretion is limited by training, education, experience, laws, ordinances, Department directives and supervisors' instructions.
B. Once a violator has been identified, it is the function of the Department to initiate the criminal process; however, there are circumstances when a crime may occur and the Department will not make a physical arrest. There may be a report written and an application for a complaint made; or, in some cases when the offense is of a minor nature, a verbal warning or other direction may be given. The decision not to make an arrest will be guided by Department policy and the factual situation involved, not by the personal feelings of the officer. An arrest does not dictate a booking, and a booking does not dictate continued detention. When circumstances so indicate, an arrestee should be released without being booked and, if booked, should be released from further detention.
1. Discretion concerning issuance of misdemeanor citations. ORS 133.045 http://www.leg.state.or.us/ors/133.html allows the use of a citation-in-lieu of custody for all violations, most misdemeanors and some felony charges, which may be deemed a misdemeanor after sentence is imposed. A citation-in-lieu of custody is authorized if the officer determines:
a. The arrest is made without an arrest warrant (unless the warrant specifically authorizes a citation-in-lieu of custody) and is not an arrest under the Family Abuse Prevention Act.
b. The crime is a misdemeanor or a nonviolent felony (e.g. crime against property).
c. The suspect does not appear to pose an immediate threat to the victim, community or self.
d. The suspect does not appear to pose a high risk of fleeing the area.
2. Cite-in-lieu Fingerprinting
a. When citing-in-lieu, normally a print of the right thumb should be obtained. If, however, the right thumb is missing or unable to be printed, a print may be obtained from any other available finger. The finger utilized to obtain the print must be identified on the card.
3. Restrictions On Discretion
a. A police officer shall not use a misdemeanor citation-in-lieu of custody for valid arrest warrants or during domestic disturbance incidents meeting requirements of ORS 133.055 except when specifically authorized by that statute.
b. Officers are authorized to use verbal or written warnings to resolve minor traffic and criminal violations when appropriate.
c. Even though an officer reasonably believed probable cause to arrest existed at the time of the arrest, when an officer determines that the probable cause under which a person was arrested does not in fact, or no longer exists, the officer shall release the arrested person.
4.16.7 Authority To Arrest
A. ORS 133.235 (http://www.leg.state.or.us/ors/133.html) empowers all Oregon peace officers to make arrests for offenses, pursuant to ORS 133.310, anywhere within the boundaries of the State of Oregon. Department policy recognizes this authority, and recommends discretion on the part of each officer.
1. On-Duty Arrests
b. On duty arrests may be made outside the boundaries of the City in cases of hot and/or fresh pursuit, or while following up on crimes committed within the City, or while assisting another agency. The police agency with primary jurisdiction in which the arrest occurs, shall be notified as soon as possible.
2. Off-Duty Arrests
a. Officers observing criminal activity should affect an arrest only when an imminent risk to life or property exists and the reasonable opportunity does not exist to contact the police agency with primary jurisdiction. In such situations the involved officer shall clearly identify himself as a police officer.
4.16.8 arrest warrants
A. When a wanted subject is taken into custody on an arrest warrant by a member of the Police Department, the prisoner will be transported to a holding facility for booking and processing. EXCEPTION: When the warrant is endorsed for citation-in-lieu.
B. Arrest warrants will be kept in a file in the Report Writing Room where it is accessible at all times. The officer will notify the Records Section as soon as possible that the warrant has been served.
C. The supervisor will route the custody report to the Records Section.
D. Records Section personnel will:
1. Return the warrant to the issuing jurisdiction with a copy of the custody report;
2. Verify with the issuing county by telephone or Teletype that the warrant is valid;
3. Place a printout of the LEDS/NCIC entry and a copy of the warrant in our file; and
4. Send a Teletype to the agency holding the warrant advising that the warrant has been served, and place a “Locate” on the LEDS/NCIC entries.
4.16.9 CITIZENS ARRESTS
A. Situations that involve a citizen taking a suspect into custody should not be encouraged. However, if a citizen makes an arrest, it is his responsibility to take the arrestee before a magistrate or surrender the arrestee without delay to a peace officer. The officer must independently review the circumstances surrounding the arrest. Custody of the arrestee should be maintained only after the officer has determined that the arrest is valid. The citizen making the arrest shall inform the arrestee that he is under arrest, and state the charge. If the arrest is valid and the arrestee is taken into custody, the matter will be processed. The officer’s report shall state that the arrest was initiated by a citizen, and set forth the relevant facts and circumstances. The officer shall obtain the arresting citizen's signature using the appropriate Department form(s).
B. If the arrest is not accepted because of a question over probable cause, the officer shall document the incident in his report. A copy of the report shall be forwarded to the District Attorney’s office for review.
4.16.10 ESTABLISHING IDENTITY
A. Officers must exercise discretion when a violator cannot or will not provide satisfactory identification. If a citation-in-lieu of custody is issued, the officer should, to the extent possible, obtain information for the execution of an arrest warrant should the violator ultimately fail to appear for arraignment. If the identity of the person to be cited for a criminal offense is not satisfactorily determined, the person shall be taken into full custody and transported to the appropriate detention facility where positive identification can most likely be effected.
B. If a prisoner is being transported from a correctional facility the officer should make reasonable attempts at positively identifying the person as the prisoner to be transported. To include, but not limited to, correctional facility name tags, wristbands, and booking photographs.
4.16.11 TREATMENT OF INDIVIDUALS UNDER ARREST
1. Advice Of Rights
2. Search Incident to Arrest
3. Transportation
a. Persons in custody shall be attended to at all times, and will be transported to the appropriate detention facility without delay.
4.16.12 ADVISING SUSPECTS OF THEIR RIGHTS
1. Access To Counsel
a. Persons arrested shall be granted access to counsel, if requested, prior to any further custodial interrogation, in accordance with the Police Department advice of rights statement. Access may be by telephone or in person, depending on the existing conditions.
2. Volunteered And Spontaneous Statements
a. These are not barred and no warning need be given preceding them. However, questioning initiated by the police officer thereafter in clarification or amplification of the volunteered or spontaneous statements should be preceded by an advisement of constitutional rights.
3. Documentation Of Rights
a. The fact that a prisoner who gives a statement was so advised or admonished should be included at the beginning of any written statement or included in the police report if the statement is obtained verbally.
b. Advice of constitutional rights should be read directly from the Rights Card.
4. It may be necessary for the officer to testify in court as to the precise
language used to warn the suspect of their rights and the precise language by which the suspect waived these rights.
4.16.13 Transportation
An officer making an arrest will transport the arrested individual, or cause them to be transported, to the correctional or holding facility to be booked without unnecessary delay or to the Police Department for booking and release as is appropriate.
a. The safety barrier is functioning properly and is able to remain in the locked position.
a. Arrest Location;
b. A Probable Cause Affidavit when necessary.
4.16.14 JAIL/Temporary DETENTION AREA (TDA)
Adult arrestees meeting incarceration criteria will be lodged in the County Jail for arraignment in the proper court on the next available court date. If the arrestee does not meet the jail's criteria for lodging the arrestee may be transported to the Police Department for processing after which the person will be given a citation to appear and then released.
1. GPD personnel utilizing the TDA shall first receive training in safety and security procedures, operations, supervision and physical restraint of prisoners and such other matters consistent with assigned responsibilities.
h. Immediately after a prisoner is removed from the cell an officer shall inspect the cell to ensure there is no contraband, damage, need for cleaning, or other items in the cell.
i. Completed Prisoner Care Logs will be attached to the officer’s report.
j. Records Section personnel will forward a copy of each Prisoner Care Log to the Administrative Assistant II assigned to the Patrol Division.
k. The Prisoner Care Logs will be maintained per State Archive Laws (i.e. retain five years, destroy).
G. Telephone calls by prisoners
1. Prisoners held in the TDA will be allowed to make a reasonable number of phone calls in an effort to make arrangements for their release and/or legal counsel.
H. Meals for Prisoners
1. Since prisoners normally will not be held in the TDA longer than four (4) hours, it will rarely be necessary to provide meals. However, if the need to provide food should arise, it may be purchased with funds from petty cash. If petty cash is not accessible during an officer’s shift and personal finances must be used, reimbursement will be made to that officer.
2. If meals are brought into the TDA they will not be in metal or glass containers.
3. No metal or plastic eating utensils will be allowed in the TDA.
4. Once the prisoner is finished eating then all food containers will be accounted for prior to disposal.
I. Use of the TDA by Outside Agencies
1. Outside law enforcement agencies may utilize the Department’s TDA. However, to ensure that proper procedures are adhered to, an officer from another agency should, when possible, be accompanied by an officer of this Department while using the TDA. This may be waived when outside agencies use only the DUII processing room and the holding cells are not used for confinement.
2. Corrections Deputies operating the TDA as an intake center are exempt from the GPD escort officer requirement outlined above.
J. Cleaning of the Detention Rooms
1. City Hall janitorial staff will complete routine cleaning of the TDA, once each week.
2. Problems requiring expeditious cleaning (i.e. biohazards) will be conspicuously marked on the cell door with a non-permanent indicator. The cell door shall be closed and a shift supervisor shall be notified as soon as possible. The shift supervisor will be responsible for notification of the janitorial staff.
3. All members will be responsible for ensuring that the TDA is kept free from nonessential items and litter.
4.16.15 JUVENILE OFFENDER PROCEDURE
A. State statutes limit the maximum holding time for juvenile offenders, both status offenders and criminal offenders, to five (5) hours; however, the Department’s TDA policy is to normally hold detainees for no longer than four (4) hours. Consequently, juvenile offenders taken into custody should either be released to a parent, guardian or other responsible adult, or transported to JDH or a State authorized facility within the four (4) hour time frame whenever possible.
B. Response to crimes involving juveniles will not differ from that for adult crimes. Officers may use any reasonable means to protect themselves when a juvenile is a threat to personal or public safety.
C. Department members who take Juvenile offenders into custody shall make every effort to notify the juvenile’s parent, guardian or other responsible adult of the arrest. Arrested juveniles shall either be detained at a location designated by the Juvenile Department, released to their parent(s) or authorized representative(s), or released in a manner designated by the Juvenile Department.
D. Status Offenders
1. Based on the seriousness and circumstances surrounding the offense, the background and demeanor of the juvenile and other relevant factors, an officer may release a juvenile to his parents, guardian or other responsible adult.
2. Status offenders should normally be frisked for weapons prior to being transported and may be handcuffed or otherwise restrained at any time if, in the judgment of the officer, the juvenile poses a physical risk to the officers or others. This should be articulated in the officer’s report.
3. Status offenders shall be held in non-secure custody and only for the time needed to conduct identification, investigation and related processing requirement to facilitate their release to a parent, guardian, other responsible adult or transfer to a juvenile facility.
4. Status offenders and other juveniles taken into temporary non-secure custody for non-criminal type offenses should not be fingerprinted or photographed for purposes of record.
5. Transportation of a status offender in a caged vehicle is not considered secure custody.
E. Criminal Offenders
1. Criminal offenders are subject to the same security requirements as adults.
2. Fingerprints and photographs of criminal offenders shall be marked juvenile and kept separately from adult fingerprints and photographs.
3. Criminal offenders may be securely detained at the Department’s TDA if NO ADULT prisoners are being held within sight or sound of the juvenile and shall remain in constant visual and auditory access of the responsible officer and/or Records personnel.
4. Custodial interviews and questioning should occur in the presence of a parent, guardian or other responsible adult whenever possible.
5. In the absence of a parent or guardian, a criminal offender may be questioned and may provide statements if reasonable assurance can be made that the juvenile fully understands his constitutional rights.
F. Juvenile offenders under the age of twelve (12) cannot be held in the TDA. They should instead be referred to the Multnomah County Juvenile Court.
G. Juvenile offenders between the ages of twelve (12) and eighteen (18) may be placed in the TDA if NO ADULT prisoners are being held within sight or sound of the juvenile offender. If adults are brought into the TDA while juveniles are present, the juvenile(s) must be moved out of sight and sound of the adult offenders.
4.16.16 ESCAPE PROCEDURE
A. In the event that a prisoner escapes during transport, or from the TDA, the officer shall do the following:
4. After the situation has been stabilized, a complete and detailed report will be completed, prior to the end of shift, and forwarded to the shift supervisor.
Carla C. Piluso
Chief of Police
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