Escambia County Sheriff's Office Arrest Procedures 7/16/2024
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Questions and Answers

According to the Escambia County Sheriff's Office policy, what is the primary purpose of effecting an arrest?

  • To intimidate the arrestee
  • To ensure officer safety and protect the rights of arrestees (correct)
  • To create a deterrence effect on the community
  • To punish the arrestee

    • What is a requirement for a deputy to make an arrest without a warrant?

  • The deputy must have received permission from a supervisor
  • The deputy must have a personal vendetta against the arrestee
  • The deputy must have a warrant signed by a judge
  • The deputy must have witnessed the crime being committed (correct)

    • What is a resource that every deputy with arrest powers will be provided with?

  • A badge and uniform
  • A police car and communication device
  • Electronic access to criminal laws and legal guidelines reference materials (correct)
  • A firearm and handcuffs

    • What is an exception to the misdemeanor warrant requirement?

    <p>Certain misdemeanors that did not occur in the deputy's presence</p> Signup and view all the answers

    What is a reason for making an arrest without a warrant?

    <p>The deputy reasonably believes that a felony has been or is being committed</p> Signup and view all the answers

    What is a circumstance under which a law enforcement officer may make an arrest?

    <p>When the person has committed a criminal offense in the presence of the officer</p> Signup and view all the answers

    What is a responsibility of every deputy with arrest powers?

    <p>To familiarize themselves with legal and training bulletins periodically issued by the Legal Office and Training Unit</p> Signup and view all the answers

    What is a type of violation that may be committed in the presence of the deputy or a fellow law enforcement officer?

    <p>A criminal violation of chapter 316, Florida Statutes</p> Signup and view all the answers

    Under what condition can a deputy make a warrantless arrest?

    <p>If all conditions required by section 901.15 are satisfied</p> Signup and view all the answers

    Which of the following is an offense that allows for a warrantless arrest?

    <p>Violation of an injunction for Protection against Domestic Violence</p> Signup and view all the answers

    What is an example of an act of domestic violence?

    <p>All of the above</p> Signup and view all the answers

    What is a condition for trespass in a secure area of an airport?

    <p>Signs are posted in conspicuous areas</p> Signup and view all the answers

    Which of the following is an example of a criminal act that allows for a warrantless arrest?

    <p>Both A and B</p> Signup and view all the answers

    What is an example of an offense that involves a condition of pretrial release?

    <p>Act of domestic violence or dating violence</p> Signup and view all the answers

    Which of the following is an offense that allows for a warrantless arrest?

    <p>Criminal mischief or graffiti-related offenses</p> Signup and view all the answers

    What is an example of a trespass offense?

    <p>All of the above</p> Signup and view all the answers

    Which of the following is an example of an assault offense?

    <p>All of the above</p> Signup and view all the answers

    What is an example of a violation that allows for a warrantless arrest?

    <p>All of the above</p> Signup and view all the answers

    Under what circumstances can a law enforcement officer arrest a driver involved in a traffic crash?

    <p>If the officer has reasonable and probable grounds to believe the driver committed an offense under chapter(s) 316, 320, or 322, Florida Statute</p> Signup and view all the answers

    What must a deputy inform the person to be arrested of when affecting a warrantless arrest?

    <p>The basis of their authority and the cause for the arrest</p> Signup and view all the answers

    Who can execute an arrest warrant or capias?

    <p>Only deputies with arrest powers</p> Signup and view all the answers

    What is the purpose of an arrest warrant affidavit?

    <p>To determine if sufficient probable cause exists</p> Signup and view all the answers

    What happens to an approved warrant affidavit after it is returned by the court?

    <p>It becomes an active warrant on the approval and signature of a judge</p> Signup and view all the answers

    When can a deputy 'walk through' a warrant affidavit to a judge for review?

    <p>Only in emergency situations</p> Signup and view all the answers

    What type of crimes may utilize the 'walked through' process?

    <p>Crimes including but not limited to domestic violence and escape</p> Signup and view all the answers

    Who submits the warrant affidavit to the eWarrants portal for processing?

    <p>The deputy</p> Signup and view all the answers

    Who is responsible for reviewing the probable cause statement and approving it if sufficient?

    <p>The supervisor</p> Signup and view all the answers

    What happens to the signed affidavit after hours, weekends, and holidays?

    <p>The Report Data Technicians activate warrants sent through the eWarrants portal</p> Signup and view all the answers

    What is a requirement for deputies to enter a suspect's residence to make an arrest?

    <p>They have a valid arrest warrant and reasonable grounds to believe the suspect is in the residence.</p> Signup and view all the answers

    When can deputies enter any premises without a search warrant?

    <p>When they reasonably believe an immediate entry is necessary to prevent injury to persons or damage to property.</p> Signup and view all the answers

    What is the primary area of exclusive jurisdiction of the federal government within Escambia County?

    <p>Military bases and property.</p> Signup and view all the answers

    What is an exception to the misdemeanor warrant requirement?

    <p>Exigent circumstances.</p> Signup and view all the answers

    When can deputies seize contraband items observed in plain view?

    <p>When they are lawfully on or in the premises.</p> Signup and view all the answers

    What is required for the arrest of military personnel?

    <p>Approval of military or federal authority.</p> Signup and view all the answers

    What is attached to the warrant/arrest report?

    <p>A copy of the NCIC/FCIC teletype printout verification.</p> Signup and view all the answers

    What is a limitation of warrants issued in counties other than Escambia County but within the State of Florida?

    <p>They are only valid in the originating jurisdiction.</p> Signup and view all the answers

    What is an example of exigent circumstances?

    <p>A person's safety is jeopardized.</p> Signup and view all the answers

    What is required for the release of military personnel?

    <p>Signature release to the direct custody of the Navy Police.</p> Signup and view all the answers

    When can a warrant affidavit be re-drafted and re-submitted?

    <p>If the affidavit is returned by the court without approval</p> Signup and view all the answers

    What happens to a warrant affidavit that is returned by the court without approval?

    <p>It is marked as 'REJECTED NO P.C. PER JUDGE' and the Warrants Unit is notified</p> Signup and view all the answers

    What should a deputy do if they make a probable cause arrest after the warrant affidavit has been sent to the judge for signature?

    <p>Email the Warrants Unit to request that the warrant be recalled</p> Signup and view all the answers

    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?

    <p>A supplemental report is prepared articulating the facts of the change</p> Signup and view all the answers

    How are out-of-state warrants verified?

    <p>By contacting the issuing agency to verify active status and extradition authority</p> Signup and view all the answers

    What should be done with a warrant affidavit that has already been approved by the court?

    <p>The supervisor will mark the charge report 'rejected' and approve the affidavit</p> Signup and view all the answers

    What happens when a warrant affidavit is in the E-Portal (signed or unsigned by the judge) and a direct arrest was made?

    <p>A supplemental report is completed by the arresting deputy detailing the circumstances of the direct arrest</p> Signup and view all the answers

    When can a deputy arrest a military person based on a warrant?

    <p>At any time, as long as the warrant is valid</p> Signup and view all the answers

    Why is a computer check done through the Communications Unit, Intelligence Unit, or Warrants Unit?

    <p>To confirm the existence of an outstanding warrant</p> Signup and view all the answers

    What should be done if an arrest is made based on information of a criminal law violation?

    <p>A supplemental report is completed by the arresting deputy outlining the circumstances of the arrest</p> Signup and view all the answers

    What happens to a military person who meets the criteria under the Marchman Act?

    <p>They are taken into custody for their protection</p> Signup and view all the answers

    What should a deputy do when issuing a criminal citation to an active-duty military person?

    <p>Notify the military police and have them respond to pick up the person</p> Signup and view all the answers

    What is included in the term 'warrant' for warrant execution purposes?

    <p>A capias and warrants issued outside Escambia County</p> Signup and view all the answers

    Who can perform a body cavity search?

    <p>Medical personnel</p> Signup and view all the answers

    Why is a concealed weapon/firearm license check required?

    <p>To suspend the license upon arrest or formal charge of a felony or violent misdemeanor</p> Signup and view all the answers

    What is required for a search warrant?

    <p>Probable cause</p> Signup and view all the answers

    When can a deputy search a vehicle without a warrant?

    <p>Incident to an arrest, with probable cause, or in plain view</p> Signup and view all the answers

    What should be indicated on the arrest report when a person is arrested for a felony or violent misdemeanor?

    <p>The person's violation of Section 790.06(3), Florida Statutes</p> Signup and view all the answers

    What is a requirement for issuing a criminal citation (Notice to Appear)?

    <p>The suspect agrees to sign the criminal citation</p> Signup and view all the answers

    What must a deputy advise a person of before custodial interrogation?

    <p>Their rights under the Fifth and Sixth Amendments</p> Signup and view all the answers

    What should a deputy do when a military person has an arrest warrant issued against them?

    <p>Follow the procedures outlined in 501.3.6 and 501.3.7</p> Signup and view all the answers

    What is the purpose of a search warrant?

    <p>To obtain evidence of a crime</p> Signup and view all the answers

    When can a search of a person, property, conveyance, or structure be conducted without a warrant and without probable cause of a crime?

    <p>When a person with authority gives valid consent</p> Signup and view all the answers

    What should be done with the arrest report when a person's concealed weapon/firearm license is suspended?

    <p>It is mailed to the Florida Department of Agriculture &amp; Consumer Services</p> Signup and view all the answers

    When can a deputy impound a vehicle?

    <p>According to General Orders 581, 217, and 219</p> Signup and view all the answers

    What is required for a deputy to conduct a warrantless search of a vehicle?

    <p>Probable cause or incident to an arrest</p> Signup and view all the answers

    What is a circumstance under which a criminal citation (Notice to Appear) may be issued?

    <p>The suspect has violated a criminal ordinance or misdemeanor not involving domestic violence</p> Signup and view all the answers

    What is the purpose of a protective sweep during an arrest?

    <p>To prevent escape or attack</p> Signup and view all the answers

    Who can conduct a strip search of an arrested person?

    <p>A detention officer</p> Signup and view all the answers

    What is the scope of a search when a deputy has probable cause?

    <p>The entire vehicle and its contents</p> Signup and view all the answers

    What is done with a military person who is issued a criminal citation?

    <p>They sign the citation in the presence of the military police and are released</p> Signup and view all the answers

    When can a strip search be requested by a deputy?

    <p>When the deputy has probable cause to believe the arrestee is concealing a weapon or evidence</p> Signup and view all the answers

    What is a circumstance under which a deputy can seize contraband?

    <p>When it is in plain view</p> Signup and view all the answers

    What is a requirement for a vehicle search based on a warrant?

    <p>The warrant is valid and the search is conducted according to its conditions</p> Signup and view all the answers

    What must be documented in the arrest/offense report regarding a strip search?

    <p>The persons present during the search and the results of the search</p> Signup and view all the answers

    What is the limitation of a search incident to arrest?

    <p>The search is limited to the person arrested and the area within their immediate control</p> Signup and view all the answers

    What is the purpose of a search incident to arrest?

    <p>To prevent escape or attack, and to discover the fruits of the crime</p> Signup and view all the answers

    Who can terminate a consent search?

    <p>The person granting consent</p> Signup and view all the answers

    What is a requirement for a consent search?

    <p>The consent must be voluntarily, freely, and intelligently given</p> Signup and view all the answers

    What is a limitation of a protective sweep?

    <p>The sweep is limited to a cursory inspection of those spaces where a person may be found</p> Signup and view all the answers

    When determining whether a suspect is in custody, courts consider which of the following factors?

    <p>The manner in which the police summon the suspect for questioning</p> Signup and view all the answers

    When is a Miranda Warning generally not required prior to questioning?

    <p>During routine traffic stops</p> Signup and view all the answers

    What happens when a suspect invokes the right to remain silent or the right to counsel?

    <p>The deputy discontinues custodial interrogation</p> Signup and view all the answers

    What is the purpose of handcuffing an offender?

    <p>To ensure the safety of the deputy and others</p> Signup and view all the answers

    What is a requirement for searching prisoners?

    <p>The search must be conducted by a deputy of the same gender</p> Signup and view all the answers

    What happens to items found during an inventory of a prisoner's property?

    <p>They are submitted to Evidence</p> Signup and view all the answers

    What is the responsibility of a deputy transporting prisoners?

    <p>To ensure the safety of the prisoner</p> Signup and view all the answers

    When can a deputy reinitiate questioning of a suspect?

    <p>After at least a 14-day break in custody</p> Signup and view all the answers

    What happens if a suspect reinitiates conversation after invoking their rights?

    <p>The deputy can resume questioning</p> Signup and view all the answers

    What is a requirement for informing a person to be arrested?

    <p>The deputy must inform the person of the cause of the arrest</p> Signup and view all the answers

    When transporting prisoners, what information should deputies notify Communications of?

    <p>Location, destination, and starting mileage</p> Signup and view all the answers

    What is the correct procedure when unloading a prisoner at the sally port?

    <p>Use hands-on techniques to escort the prisoner</p> Signup and view all the answers

    What should a deputy do if they suspect a prisoner is using a false identity?

    <p>Ask the booking supervisor to have the person printed for identity verification</p> Signup and view all the answers

    What happens if a prisoner's true identity is discovered after they have been booked?

    <p>The arresting deputy is notified to correct the paperwork</p> Signup and view all the answers

    Why should a deputy search the area occupied by the prisoner after removal from the patrol vehicle?

    <p>To search for weapons, contraband, and personal effects</p> Signup and view all the answers

    When can a deputy be relieved of physical responsibility for a prisoner?

    <p>Upon acceptance by the Corrections Officer</p> Signup and view all the answers

    What should a deputy do if they have a problem with a prisoner during transport?

    <p>Request assistance from Corrections Officers</p> Signup and view all the answers

    Why is it important for a deputy to make a reasonable effort to positively identify a subject?

    <p>To ensure accuracy in paperwork and records</p> Signup and view all the answers

    What happens if the identity of an arrestee cannot be determined?

    <p>The deputy lists them as 'LNU, FNU, MNU (OFFNUM)'</p> Signup and view all the answers

    What is the purpose of printing an arrestee for identity verification?

    <p>To verify their identity through AFIS</p> Signup and view all the answers

    What is done to the original printed arrest report when the person's true identity is discovered?

    <p>It is marked void across the face and signed by the deputy and the booking supervisor.</p> Signup and view all the answers

    Who is responsible for completing a new probable cause statement on the arrest report?

    <p>The investigating deputy</p> Signup and view all the answers

    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

    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.

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