Criminal Arrest Warrants Procedure

56 Questions

What is the primary purpose of this standard operating procedure?

To define guidelines for the proper application of criminal arrest warrants

To whom does this standard operating procedure apply?

All Sheriff's Office personnel

Why is it important to include all available identifying information in the warrant?

To prevent the possibility of an improper arrest

Who is responsible for serving arrest warrants?

Only sworn law enforcement personnel who have been granted the legal authority to make arrests

What is the purpose of the affiant's independent investigation?

To verify the existence of a defendant's criminal records identification number

What should be included in the Criminal Report Affidavit when applying for an arrest warrant?

All available information that would aid in the identification of the defendant

Why is it important to verify the existence of a defendant's criminal records identification number?

To prevent the possibility of an improper arrest

What should the arresting officer ensure when executing an arrest warrant?

That all identifying data of the arrestee matches the warrant

When entering warrant information, what must personnel enter into the Sheriff's Office computer system and into NCIC / FCIC?

All information appearing on the warrant or capias

When confirming a warrant from another agency, what must Records Transcription Unit/Communications Bureau personnel do?

Teletype the agency holding the warrant and request additional identifying data

What must deputies do when stopping and temporarily detaining persons fitting a crime description?

Establish their own probable cause for the arrest

What happens when a defendant claims they were arrested improperly on a capias or warrant?

A supervisor is notified, and an investigation is conducted

Why must HCSO arrest warrants be faxed/e-mailed to other agencies?

To request detainer information

What must deputies do when investigating a felony recently reported by another agency?

Establish probable cause before stopping a suspect

What must Records Transcription Unit and the Department of Detention Services establish?

A priority of job tasks for timely warrant cancellation

What must the transporting deputy obtain when a defendant is arrested out-of-county?

A previous booking photo and fingerprint record

What must be done when another agency faxes/e-mails an arrest warrant to HCSO?

The warrant is verified in FCIC / NCIC

When must a supervisor be notified in the warrant arrest process?

When an arrestee claims mistaken identity

What should the deputy do when an arrestee claims to be improperly detained?

Notify a supervisor immediately

Who is responsible for verifying the identity of the arrestee prior to transporting them to Central Booking?

The arresting deputy

What should the Identification Section do to verify the identity of the arrestee?

Conduct an immediate print search

What happens if the claim of improper arrest is substantiated?

A memorandum detailing the incident is forwarded to the appropriate District/Division Commander

What should the law enforcement deputy do if they find an active Writ of Bodily Attachment?

Confirm the Writ in the same manner as a warrant

What happens if the Writ of Bodily Attachment allows for a purge?

The subject is transported to the Sheriff's Office booking facility to pay the purge

What should the deputy do if the subject produces a valid receipt of non-support payment?

Contact the Warrants Section to notify personnel

What should the deputy do with the subject's vehicle if they are taken into custody?

Handle the vehicle pursuant to General SOP 504.00

Who is responsible for initiating a memorandum detailing the incident if the claim of improper arrest is made at Central Booking?

The Booking/Releasing Supervisor

What should the Special Investigations Division Commander do after reviewing the case?

Consult with the Sheriff's legal counsel to develop an appropriate course of remedial action

An arrest warrant can be served by any law enforcement personnel.

False

The affiant's independent investigation is only required to verify the existence of a defendant's criminal records identification number.

False

The arresting officer should ensure that the identifying data of the arrestee matches the identifying data contained in the warrant.

True

A photograph of the defendant is never required to be included in the warrant.

False

The affiant is not required to include the defendant's date of birth in the warrant.

False

The defendant's Social Security number is the only required identifying information in the warrant.

False

The affiant is not required to verify the existence of a defendant's criminal records identification number.

False

The arresting officer is not responsible for ensuring the identifying data of the arrestee matches the identifying data contained in the warrant.

False

Warrant Section personnel shall enter into the Sheriff's Office computer system and into NCIC/FCIC, all information appearing on the warrant or capias.

True

The Records Transcription Unit/Communications Bureau personnel verify the existence of a valid warrant or capias before confirming a warrant from another agency.

True

Deputies may stop and temporarily detain persons who fit the detailed description of perpetrators of a crime without establishing their own probable cause for the arrest.

False

The Records Transcription Unit and the Department of Detention Services establish a priority of job tasks to facilitate the timely cancellation of warrants from the Sheriff's Office computer and from NCIC/FCIC.

True

When a defendant claims they were arrested improperly on a capias or warrant, a supervisor must be immediately notified.

True

HCSO arrest warrants are only faxed/e-mailed to other agencies upon request for detainer information purposes.

True

Sheriff's deputies may arrest persons without a valid warrant or capias.

False

When confirming a Hillsborough County warrant for another law enforcement agency, Records Transcription Unit/Communications Bureau personnel include all data listed on the warrant.

True

The transporting deputy obtains a previous booking photo and fingerprint record of the arrestee to ensure a positive identification prior to returning the subject to Hillsborough County.

True

Sufficient probable cause may be established by deputies investigating a recently reported felony within Hillsborough County.

True

The arresting deputy is responsible for verifying the identity of the arrestee after they are taken into custody at Central Booking.

False

The Identification Section conducts an immediate print search to verify identity if the arrestee claims they were improperly detained.

True

The deputy should accept payment from the subject to purge the Writ of Bodily Attachment.

False

The deputy should notify the Warrants Section if the subject produces a valid receipt of non-support payment showing the purge has been paid.

True

A memorandum detailing the incident should be initiated by the arresting deputy if the claim of improper arrest is made at the scene.

True

The Special Investigations Division Commander reviews the case and consults with the Sheriff's legal counsel if the claim of improper arrest is substantiated.

True

The Booking/Releasing Supervisor is responsible for verifying the identity of the arrestee if the claim of improper arrest is made at Central Booking.

True

The law enforcement deputy shall handle the subject's vehicle according to General (GEN) SOP 504.00 if they are taken into custody.

True

The Identification Section obtains print class code information from the original jurisdiction or law enforcement agency if the arrest is on an out-of-county warrant.

True

The deputy should arrest the subject pursuant to Sheriff's Office policy if the Writ of Bodily Attachment does not allow for a purge.

True

Study Notes