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In cases where probable cause exists without the need for immediate victim identification of a suspect, officers will not attempt street identification.
True
In cases where probable cause depends upon the victim identification, and there is a reasonable amount of time between the crime and the apprehension (within four hours normally), officers will take the victim to the suspect.
True
If bringing the victim to the suspect is impractical, the suspect may be taken to the scene of the crime but only with the suspect's permission.
True
If during an investigation, an officer discovers evidence which shows there is no longer probable cause to believe a suspect committed a crime, the officer will release the person and transport him back to the original point of detention.
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Authority is granted under F.S. §901.151 to stop and detain a person if an officer has reasonable suspicion that the person has committed, is committing, or is about to commit a crime.
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This detention is authorized for only that amount of time which is reasonably required for the officer to identify the person and inquire as to the circumstances creating the officer’s suspicion.
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Persons detained under F.S. §901.151 will not be removed from the location of the stop unless the detained person gives his permission, is arrested, or movement is required because of safety factors.
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As a general rule, the arresting officer should avoid confining an arrested subject in a police vehicle for an unreasonable period of time. If possible, remove the arrested suspect from the crime scene immediately.
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If the arrest is for a prostitution-related offense, they may be released on their own recognizance.
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In reference to recogs, other circumstances may exist which, in the opinion of the arresting officer and his supervisor would make a release on recognizance inappropriate. The physical arrest of a person under these circumstances must have the approval of a sergeant, a corporal/detective acting in the capacity of a sergeant, or higher authority.
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In those cases where a defendant is to be released on his own recognizance, the officer will obtain the defendant’s right four fingerprints (index, middle, ring and little) prior to his release.
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Recogs: Obtain the defendant’s right four fingerprints (index, middle, ring and little) on TPD form 130.
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The fingerprint card will be scanned into Versadex RMS and forwarded to TPD Records by district personnel.
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In any case where the offense is prohibited by both Florida statute and City ordinance, the arresting officer shall charge the defendant under the state statute. An exception is made for possession of 20 grams or less of cannabis or possession of cannabis paraphernalia under SOP 340 in violation of Tampa Code Section 14- 62. See Legal Bulletin 2016-08.
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Once an officer determines there is probable cause to believe a misdemeanor has been committed and neither a physical arrest nor notice-to-appear is effected, he will complete a Request for Prosecution (SAO 177) and will originate a separate incident report.
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Worthless check cases, both misdemeanor and felony, will be referred directly to the State Attorney’s Office (Intake Division) for prosecution.
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Persons charged with DUI will be physically arrested. The only exception will be a person who has been hospitalized or as otherwise approved by a supervisor.
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Juveniles charged with a misdemeanor traffic offense will be issued a traffic citation for the offense. If a physical arrest is effected, an electronic criminal report affidavit will also be completed and the citation will be attached as a document.
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Felony Traffic: An electronic criminal report affidavit will be used as the arresting instrument. Additionally, a traffic citation for the same offense will be completed and attached as a document to the electronic criminal report affidavit. In this case, the citation is the means of notifying the Department of Highway Safety and Motor Vehicles of the citation. The defendant will not be given a copy of the citation packet. A copy of the citation will be routed according to existing procedure.
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Juveniles arrested for a felony traffic offense will be entered into the juvenile justice system by charging the child using an electronic criminal report affidavit. Juveniles charged with a felony traffic offense will also be issued a traffic citation for the offense. The citation will be attached as a document to the electronic criminal report affidavit. A copy of the citation will follow normal routing and will be listed on the transmittal form.
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If the juvenile is transported to the JAC or booked as an adult the eCRA type of PC-Probable Cause Arrest will be selected and the eCRA will route to booking upon approval. For juveniles transported to any other receiving facility the eCRA type of “Other-PC-Child taken into Protective Custody-Non Criminal must be chosen and the eCRA will not route to booking.
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According to F.S. §1012.797, law enforcement is required to report within 48 hours, the name and address of any school employee arrested on a felony charge or misdemeanor involving child abuse or drug possession to the appropriate school superintendent. This requirement applies to all high schools and below including private and charter schools.
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To comply with this law, any officer who, in the course of his investigation, determines that a person charged with a qualifying crime is an employee of any school district within the State of Florida shall note the school district’s location on the entities section of the general offense report. The records coordinator will be responsible for causing a copy of the face sheet of the incident report, to be mailed, depicting the arrested person’s name and address, to the appropriate superintendent of schools within the allotted time.
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Entering a suspect's dwelling: The anticipated arrest is based upon probable cause developed or obtained as a result of a recent felony and the circumstances of the crime or character of the suspect make it impractical to first obtain an arrest warrant (e.g., an on-scene investigation has revealed that a felony law violation has just occurred, and the suspect has fled into his dwelling). Entry based upon the authority of this section will require supervisory approval.
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An Officer may enter a suspect's dwelling when The anticipated arrest is based upon an arrest warrant or capias. Knock and announce required, An officer is in fresh pursuit of a person suspected of committing a felony law violation, Entry is necessary to prevent or terminate the commission of a serious crime, and Consent to enter is granted by a resident.
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Officers must announce their authority, state their purpose, and make a demand for admission prior to entering a dwelling. If entry is refused, they may forcibly enter the dwelling providing one or more of the required criteria are met. The announcement and demand are not necessary if the officer reasonably believes such announcement might cause danger to life or limb or the person to be arrested is attempting to destroy evidence or to flee.
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To enter the dwelling of someone other than the person to be arrested, permission from the owner or person in charge of the residence or a search warrant (listing the person to be arrested as the object of the search) must be obtained unless emergency or exigent circumstances exist.
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Prior to making entry into a dwelling to effect an arrest, officers must consult with their supervisor for approval, unless exigent circumstances exist.
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The supervisor of the arresting officers will consider whether the risk outweighs the necessity to make the arrest at that time and place, and whether the arrest would be best handled by S.W.A.T. or other tactical component.
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Anytime the subject is a suspect to a D.U.I. offense. Suspects must be advised of Miranda rights prior to any questioning, including questions or requests that are part of traditional field sobriety tests such as counting or reciting the alphabet. A suspect who is not free to walk away from the investigation, or who may believe he is not free to walk away, should be advised of the Miranda rights like any other criminal suspect prior to questioning or being requested to verbally demonstrate sobriety. Physical tests may be given without advising the suspect of constitutional rights.
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Once a suspect has invoked his right to have counsel present during interrogation, officers will not attempt to interrogate the suspect again unless the suspect himself initiates contact with police.
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In the course of investigating a serious crime involving personal injury, officers may discover that the victim of the crime is wanted on an outstanding warrant. In these cases, the decision of whether to arrest the victim on the active warrant will be made by the ____________ or higher authority.
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In reference on whether or not to arrest a victim who has a warrant, consideration will be given to the degree of injury or mental trauma suffered by the victim balanced against the nature of the crime specified in the warrant. Other factors to be considered include the age of the warrant, the victim’s criminal history (especially prior failure to appear), the potential for additional crime if the arrest is not made and the likelihood that the victim can be located at a later time. The fact that the outstanding warrant is for a felony offense is not controlling.
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As a general guideline, the victim of a crime involving serious personal injury or mental trauma will not typically be arrested on a warrant involving a traffic, misdemeanor, or felony property crime. The same consideration will be given to close family members of the victim who may also be traumatized by the injury to the victim.
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A request from another law enforcement agency to arrest a person shall operate only as a request to locate if the request does not provide sufficient probable cause for the arrest or information that a warrant or capias has been issued. Originating agencies will be notified when persons and/or vehicles are located. However, arrests will not be made without a valid arrest warrant or capias number unless the provided information is specific enough to establish probable cause for the arrest and the crime is so recent that no arrest warrant could have been obtained.
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Officers are not required to originate a separate offense report when arresting a person based on a warrant or capias. The yellow copy of the affidavit will serve as the Tampa Police Department report. Therefore, a report number must be obtained from the Communications Section and placed in the appropriate space on the affidavit.
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Multiple warrants and/or capiases originating from one county may be placed on one affidavit, including a combination of traffic and criminal charges. The warrant or capias numbers must be included on the affidavit.
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A warrant/capias number cannot be included on the same affidavit as an on-scene or probable cause arrest. A separate CRA should be completed.
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If there are warrants/capiases on the subject originating from different counties, then separate affidavits must be filed.
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If extradition cannot be confirmed and the warrant is valid, the arrest will be made.
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Juveniles arrested based upon “traffic” Violation of Probation warrants only will be arrested and released to Central Booking after the Criminal Report Affidavit is completed. All other warrants or administrative pick-up arrests will be released to the Juvenile Assessment Center (JAC).
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