ARREST CAPIAS
An order of arrest signed by the Clerk of the Court upon the order of a judge or when the State Attorney’s Office (SAO) has filed an information
ARREST WARRANT
An order of arrest signed by a judge
COMPENSATORY DAMAGES
Questioning, likely to elicit incriminating responses,
initiated by law enforcement officers after a person is taken into custody or otherwise deprived of his or her freedom in any significant way.
EXIGENT CIRCUMSTANCES
Circumstances that are of such urgency as to justify a
warrantless entry, search, or seizure by police when a warrant would ordinarily be
required; circumstances that would cause a reasonable person to believe that entry or other relevant prompt action was necessary to prevent physical harm to the officers or other persons, the destruction of relevant evidence, the escape of the suspect, or some other consequence improperly frustrating legitimate law enforcement efforts
FOREIGN NATIONAL
A person, who was born outside the jurisdiction of the US, is a citizen of a foreign country and has not become a naturalized US citizen under US law.
FRESH PURSUIT
The immediate and continuous pursuit by officers of a person, who has committed a felony, is reasonably suspected of committing a felony, committed a misdemeanor, violated a county or municipal ordinance or a violation of FS Chapter 316 and is fleeing to avoid arrest. Under common law officers have the right to cross
jurisdictional lines in order to make an arrest
JUVENILE ASSESSMENT CENTER (JAC)
The location for the delivery of juvenile arrestees
MASS ARREST HOLDING
A secured area within the police headquarters parking garage used for prisoner overflow during major events, incidents and/or mass arrests.
PUNITIVE DAMAGES
Money awarded to a victim that is intended to punish a subject and stop the person or business from repeating the conduct that caused the award, and to deter others from similar conduct.
TURNER GUILFORD KNIGHT (TGK
The primary location for the delivery of adult arrestees
There are two types of arrest
2. Arrest with a warrant.
All arrests will be based on _______ that the crime occurred and that the subject was the perpetrator of the named crime.
probable cause
Case law defines probable cause as
reasonable ground of
suspicion, supported by circumstances sufficiently strong in themselves to warrant a cautious man in believing the accused
man to be guilty. Bryant v. State,
The source of the probable cause may be
a. Evidence gathered from the subject, the scene of the arrest, informants or other sources;
b. The particular events preceding the arrest;
c. The experience, training of the arresting officer and his/her analysis of the situation.
A finding by a judge
that there was a lack of probable cause for the arrest can result in any of
the following
Persons under arrest and who are subjected to custodial interrogation will be advised of their constitutional rights
Miranda Rights, including their right to have an attorney present during questioning
Discretion is the authority to make decisions within legal boundaries using personal judgment. Use of discretion will be guided and framed by law, policies, rules, procedures, Department objectives, training and
supervision.
With the exception of felonies, domestic violence and driving under the influence offenses where a person must be physically arrested and incarcerated, officers are encouraged to use their discretionary authority and available alternatives.
The decision to make an arrest will be made after careful Consideration of the following:
a. The seriousness of the crime committed;
b. Whether making an immediate arrest would imperil public safety;
c. Whether public empathy may be enhanced and potential ill will avoided through the careful exercise of discretionary authority.
Officers have discretion to issue a Promise to Appear (PTA) in lieu of a
physical arrest and incarceration when:
Prior to releasing a subject pursuant to a PTA officers will
When a driver is cited for a traffic infraction and does not have
his/her Driver’s License in his/her possession, FS 322.15 requires
an officer to obtain the driver’s thumbprint on the citation in the box
located on the back of the citation’s white page. A driver who
refuses to provide a thumbprint may
be arrested under
FS 843.02, resisting an officer without violence.
Juveniles will not be issued a PTA. All juveniles will be transported……
to the Juvenile Assessment Center (JAC) to be photographed, printed and released from there
Pursuant to City Ordinance 70-1(c)(1) and City Ordinance 70-1(c)(2), officers are expected to issue a civil citation in lieu of physical arrest for possession of cannabis in an amount of
20 grams or less, as set forth in section 893.1
Pursuant to City Ordinance 70-1(c)(1) and City Ordinance 70-1(c)(2), officers are expected to issue a civil citation in lieu of physical arrest for possession of cannabis in an amount of 20 grams or less, as set forth in section 893.13(6)(b) of the Florida Statutes and/or possession of cannabis drug paraphernalia, as set forth in sections 893.146 and 893.147(1)(b) of the Florida Statutes,
a felony, driving under the influence, domestic violence incident, violent crime or other misdemeanor criminal offense to include but not limited to trespass after warning, criminal mischief, or defrauding an innkeeper;