Questions and Answers
According to the Escambia County Sheriff's Office policy, what is the primary purpose of effecting an arrest?
What is a requirement for a deputy to make an arrest without a warrant?
What is a resource that every deputy with arrest powers will be provided with?
What is an exception to the misdemeanor warrant requirement?
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What is a reason for making an arrest without a warrant?
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What is a circumstance under which a law enforcement officer may make an arrest?
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What is a responsibility of every deputy with arrest powers?
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What is a type of violation that may be committed in the presence of the deputy or a fellow law enforcement officer?
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Under what condition can a deputy make a warrantless arrest?
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Which of the following is an offense that allows for a warrantless arrest?
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What is an example of an act of domestic violence?
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What is a condition for trespass in a secure area of an airport?
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Which of the following is an example of a criminal act that allows for a warrantless arrest?
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What is an example of an offense that involves a condition of pretrial release?
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Which of the following is an offense that allows for a warrantless arrest?
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What is an example of a trespass offense?
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Which of the following is an example of an assault offense?
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What is an example of a violation that allows for a warrantless arrest?
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Under what circumstances can a law enforcement officer arrest a driver involved in a traffic crash?
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What must a deputy inform the person to be arrested of when affecting a warrantless arrest?
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Who can execute an arrest warrant or capias?
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What is the purpose of an arrest warrant affidavit?
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What happens to an approved warrant affidavit after it is returned by the court?
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When can a deputy 'walk through' a warrant affidavit to a judge for review?
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What type of crimes may utilize the 'walked through' process?
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Who submits the warrant affidavit to the eWarrants portal for processing?
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Who is responsible for reviewing the probable cause statement and approving it if sufficient?
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What happens to the signed affidavit after hours, weekends, and holidays?
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What is a requirement for deputies to enter a suspect's residence to make an arrest?
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When can deputies enter any premises without a search warrant?
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What is the primary area of exclusive jurisdiction of the federal government within Escambia County?
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What is an exception to the misdemeanor warrant requirement?
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When can deputies seize contraband items observed in plain view?
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What is required for the arrest of military personnel?
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What is attached to the warrant/arrest report?
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What is a limitation of warrants issued in counties other than Escambia County but within the State of Florida?
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What is an example of exigent circumstances?
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What is required for the release of military personnel?
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When can a warrant affidavit be re-drafted and re-submitted?
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What happens to a warrant affidavit that is returned by the court without approval?
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What should a deputy do if they make a probable cause arrest after the warrant affidavit has been sent to the judge for signature?
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What should be done if probable cause ceases to exist after an affidavit has been completed and signed, but before it is sent to the Warrants Unit?
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How are out-of-state warrants verified?
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What should be done with a warrant affidavit that has already been approved by the court?
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What happens when a warrant affidavit is in the E-Portal (signed or unsigned by the judge) and a direct arrest was made?
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When can a deputy arrest a military person based on a warrant?
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Why is a computer check done through the Communications Unit, Intelligence Unit, or Warrants Unit?
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What should be done if an arrest is made based on information of a criminal law violation?
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What happens to a military person who meets the criteria under the Marchman Act?
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What should a deputy do when issuing a criminal citation to an active-duty military person?
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What is included in the term 'warrant' for warrant execution purposes?
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Who can perform a body cavity search?
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Why is a concealed weapon/firearm license check required?
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What is required for a search warrant?
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When can a deputy search a vehicle without a warrant?
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What should be indicated on the arrest report when a person is arrested for a felony or violent misdemeanor?
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What is a requirement for issuing a criminal citation (Notice to Appear)?
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What must a deputy advise a person of before custodial interrogation?
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What should a deputy do when a military person has an arrest warrant issued against them?
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What is the purpose of a search warrant?
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When can a search of a person, property, conveyance, or structure be conducted without a warrant and without probable cause of a crime?
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What should be done with the arrest report when a person's concealed weapon/firearm license is suspended?
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When can a deputy impound a vehicle?
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What is required for a deputy to conduct a warrantless search of a vehicle?
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What is a circumstance under which a criminal citation (Notice to Appear) may be issued?
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What is the purpose of a protective sweep during an arrest?
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Who can conduct a strip search of an arrested person?
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What is the scope of a search when a deputy has probable cause?
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What is done with a military person who is issued a criminal citation?
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When can a strip search be requested by a deputy?
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What is a circumstance under which a deputy can seize contraband?
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What is a requirement for a vehicle search based on a warrant?
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What must be documented in the arrest/offense report regarding a strip search?
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What is the limitation of a search incident to arrest?
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What is the purpose of a search incident to arrest?
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Who can terminate a consent search?
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What is a requirement for a consent search?
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What is a limitation of a protective sweep?
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When determining whether a suspect is in custody, courts consider which of the following factors?
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When is a Miranda Warning generally not required prior to questioning?
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What happens when a suspect invokes the right to remain silent or the right to counsel?
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What is the purpose of handcuffing an offender?
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What is a requirement for searching prisoners?
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What happens to items found during an inventory of a prisoner's property?
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What is the responsibility of a deputy transporting prisoners?
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When can a deputy reinitiate questioning of a suspect?
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What happens if a suspect reinitiates conversation after invoking their rights?
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What is a requirement for informing a person to be arrested?
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When transporting prisoners, what information should deputies notify Communications of?
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What is the correct procedure when unloading a prisoner at the sally port?
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What should a deputy do if they suspect a prisoner is using a false identity?
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What happens if a prisoner's true identity is discovered after they have been booked?
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Why should a deputy search the area occupied by the prisoner after removal from the patrol vehicle?
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When can a deputy be relieved of physical responsibility for a prisoner?
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What should a deputy do if they have a problem with a prisoner during transport?
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Why is it important for a deputy to make a reasonable effort to positively identify a subject?
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What happens if the identity of an arrestee cannot be determined?
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What is the purpose of printing an arrestee for identity verification?
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What is done to the original printed arrest report when the person's true identity is discovered?
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Who is responsible for completing a new probable cause statement on the arrest report?
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Study Notes
Escambia County Sheriff's Office Arrest Procedures
General Information
- Arrests will be made in accordance with chapter 901, Florida Statutes
- Deputies must familiarize themselves with legal and training bulletins periodically issued by the Legal Office and Training Unit
Arrest without a Warrant
- A law enforcement officer may arrest a person without a warrant when:
- The person has committed a criminal offense in the officer's presence
- The deputy reasonably believes that a felony has been or is being committed
- A warrant for arrest has been issued and is being held by another law enforcement officer for execution
- A criminal violation of chapter 316, Florida Statutes, has been committed in the presence of the deputy or a fellow law enforcement officer
- Exceptions to the misdemeanor warrant requirement:
- Certain misdemeanors that did not occur in the deputy's presence, such as violation of an injunction for protection
Procedure for Warrantless Arrest
- Deputies must inform the person to be arrested of:
- The basis of their authority
- The cause for the arrest
- Notification may not be given if the arrestee flees or forcibly resists before the deputy has the opportunity to inform them
Arrest with a Warrant or Capias
- An arrest warrant is issued by a Judge if there is probable cause that the person complained against has committed an offense
- Warrants will be directed to all Sheriffs of the state
- Authority to execute an arrest warrant or capias is limited to deputies with arrest powers
Warrant Affidavit Process
- Deputy responsibility:
- Determine if sufficient probable cause exists
- Complete the offense and charge report in Mobile Forms
- Submit the warrant affidavit to the eWarrants portal for processing
- Warrants Unit responsibility:
- Enter information from affidavit into Warrants Record Management System
- Upload the affidavit to the eWarrants portal for the duty judge to review
Probable Cause Arrests
- After the warrant affidavit has been completed and prior to being forwarded to the Warrants Unit:
- Deputy will prepare a supplement to the original offense report
- Supervisor will amend the affidavit accordingly
- After the warrant affidavit has been sent to the judge for signature:
- When a warrant affidavit is in the E-Portal (signed or unsigned by the judge) and a direct arrest was made:
- Supervisor will email the Warrants Unit requesting that the warrant be recalled
- Deputy will complete a supplement to the original report detailing the circumstances of the direct arrest
- When a warrant affidavit is in the E-Portal (signed or unsigned by the judge) and a direct arrest was made:
Warrant Execution
- For warrant execution purposes, the term warrant will include a capias
- A deputy conducting a criminal investigation will conduct an NCIC/FCIC computer check for any outstanding warrants
- Confirmation of an outstanding warrant, including extraditions, will be performed prior to arrest
Entry to Residence to Make Arrest
- Deputies may enter a suspect's residence to make an arrest only with:
- Valid consent to enter
- Exigent circumstances
- A valid arrest warrant and reasonable grounds to believe the suspect is in the residence
Search at the Scene of a Crime
- Deputies may enter any premises without a search warrant when:
- They reasonably believe an immediate entry is necessary to prevent injury to persons or damage to property
- Deputies may search the premises only to the extent necessary to carry out the purpose of the entry
Military Jurisdiction
- There are areas within Escambia County that are the exclusive jurisdiction of the federal government
- Deputies will contact military personnel to determine if the individual is eligible for release
- Escambia County Jail staff will contact military personnel to ascertain if the individual is eligible for signature release to the direct custody of the Navy Police### License Check
- A deputy will request a concealed weapon/firearm license check from the Communications Unit when arresting someone for a felony or violent misdemeanor.
- The check is done along with the NCIC/FCIC warrants check, with a format of FCW, followed by the person's name, date of birth, and social security number.
Documentation
- The Criminal Records Section will mail a copy of the arrest report to the Florida Department of Agriculture & Consumer Services.
- The address is Division of License, Florida Department of Agriculture & Consumer Services, P.O. Box 6687, Tallahassee, FL 32314-6687, or fax number (850) 245-5655.
Criminal Citations
- A criminal citation (Notice to Appear) will be issued to an adult who has violated a criminal ordinance or misdemeanor not involving domestic violence instead of physical arrest, based on certain criteria.
- The criteria include:
- Sufficient identification of the suspect
- Agreement to sign the criminal citation
- No unreasonable risk of bodily injury to the suspect or others
- Ties to the community
- No outstanding warrants in other jurisdictions
- No prior failures to respond to a notice or summons
- Offense is a misdemeanor not involving domestic violence
- Charge may be for a violation of a criminal ordinance
- If the subject cannot present positive identification or it cannot be obtained in a reasonable amount of time, physical arrest may be required.
Search of Person/Structure
- A search of a person, property, conveyance, or structure may be conducted without a warrant and without probable cause of a crime if a person with authority gives valid consent.
- Consent must be voluntarily, freely, and intelligently given by an appropriate party having the authority to grant consent.
- Written consent should be sought whenever reasonably possible.
- The individual giving consent has the right to terminate that consent at any time.
Stop and Frisk
- Stop and Frisk Procedures will be conducted as ordered in General Order 509 – Citizen Encounters/Biased Policing.
Search Warrant Requirements
- Search Warrants will be conducted as outlined in General Order 567 – Search Warrants and Florida Law.
Searches of Vehicles
- Warrantless Searches:
- Incident to Arrest: A deputy can search the passenger compartment of a vehicle if the person arrested has not been secured and is within reaching distance of the passenger compartment.
- Probable Cause: A deputy may search a vehicle if they have probable cause to believe that the vehicle contains evidence of a crime or contraband.
- Plain View: A deputy may seize contraband located inside a vehicle if it is in plain view.
- Impound: A deputy will inventory the entire vehicle and its contents, including open or closed containers, following impound procedures.
- Consent: A vehicle's driver and/or owner may consent to a search of a vehicle.
- Warrant Searches:
- A vehicle search warrant is required when the vehicle to be searched is on private property, immobile and not traveling on public roadways, or has been impounded and the search is not being conducted contemporaneously with the arrest.
Arrestee Rights
- Miranda Warning:
- A deputy will read the Miranda Warning prior to interrogation of any person who is in custody.
- A person is considered "in custody" if they are restrained or detained in a way that resembles arrest.
- Interrogation is express questioning or any words or actions that are reasonably likely to elicit an incriminating response from the suspect.
- Invocation of Rights:
- A deputy will discontinue custodial interrogation when a suspect invokes the right to remain silent or the right to counsel.
- A deputy may not reinitiate questioning of a suspect unless there has been at least a 14-day break in custody or the suspect reinitiates conversation.
Arrest Procedures
- Upon deciding to arrest an offender, the deputy will:
- Inform the person to be arrested of the cause of the arrest
- Handcuff the offender behind the back
- Search prisoners to ensure the safety of themselves and others
- Seize any contraband, evidence, and fruits or instrumentality of a crime
- Position the prisoner in the back seat where they can be easily observed while en-route to the jail
False Name or Identity
- If a person is arrested using an alias or the deputy has reason to believe that the subject may be using a false identity, the deputy will ask the booking supervisor to have the person printed for identity verification prior to completing the arrest paperwork.
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Description
This quiz covers the arrest procedures of the Escambia County Sheriff's Office, including arrests with and without warrants, officer safety, and protecting the rights of arrestees.