Law Enforcement in Civil Disputes

Purpose and Scope

• The purpose of this standard operating procedure is to define guidelines for governing official actions of deputies serving non-criminal court orders and investigating civil disputes and criminal disturbances.
• This procedure applies to Sheriff's Office deputies who process non-criminal court orders and answer civil disputes.

Roles and Definitions

• The role of law enforcement officers in non-criminal civil disputes is to maintain neutrality and act as an impartial keeper of the peace.
• The role of law enforcement officers in criminal disturbances is to restore order and make necessary arrests for violations of the law.
• Definitions:
  • Civil Dispute: A confrontation concerning a disputed matter between two or more persons that does not involve a breach of the peace or the commission of a criminal act.
  • Criminal Disturbance: A confrontation between two or more persons that involves a breach of the peace, potential for violence, misdemeanor assault, battery, and/or related felony.
  • Court Order: An order or judgment issued by a court of competent jurisdiction in and for Hillsborough County, or any other Florida court.
  • Foreign Court Order: An order or judgment issued by a court outside of the State of Florida.

Procedures - Civil Disputes

• When deputies are requested to stand by to prevent an assault, battery, or breach of the peace while personal articles are removed from premises:
  • Deputies shall remain on public property or on public right-of-way unless admitted onto private property by all legitimate claimants of such premises.
  • If entry onto private premises and/or the removal of property is denied to a claimant by another who is in possession:
    • The deputy shall advise the claimant that personal property claims shall not be enforced by Sheriff's personnel without a court order.
    • If attempts are made to recover personal property over the objection of another and misdemeanor batteries occur outside the deputy's presence, it may be cause for a warrantless criminal arrest.
    • If a confrontation between two or more persons develops into an affray or a breach of the peace, all disputants committing criminal violations shall be subject to arrest.
• In domestic or neighborhood disputes:
  • Deputies shall park in a manner that allows safe approach and an opportunity to evaluate the situation.
  • Deputies shall separate and interview disputants in a calm and unbiased manner.
  • Deputies shall encourage disputants to offer or suggest alternatives for resolving the dispute.
  • Deputies shall maintain third-party neutrality while attempting to restore communication between disputants.

Procedures - Court Orders

• Deputies shall enforce only current court orders that specifically direct the Sheriff, or his duly constituted deputy, to execute the order or judgment.
• After a court order has been served, violations of the order that occur after service must be reported by the complainant to the court that issued the order.
• Enforcement of violations of a court order, with the exception of Domestic Violence Injunctions, must originate from the court with appropriate jurisdiction.
• Other than situations involving Domestic Violence Injunctions, deputies shall not make warrantless arrests for violations of civil court orders, unless the order has specific language to produce the violator "instanter" to the court.

Procedures - Criminal Disturbances

• In violent or felony disturbances, or when weapons are involved, at least two (2) patrol units shall be dispatched.
• Responding units shall park in a manner that allows a safe approach.
• Responding units shall attempt to evaluate the nature and extent of the dispute before making their presence known.
• Deputies shall separate and calm disputants.
• Deputies shall determine if there is probable cause for an arrest.
• Upon establishing probable cause for a felony violation, battery/assault (domestic violence), violation of a Domestic Violence Injunction, or a serious misdemeanor committed in a deputy's presence, an arrest shall be affected.
• Deputies shall inform disputants of procedures for initiating criminal prosecution when there is insufficient cause (or need) for arrest without a warrant.

Purpose and Scope

• The purpose of this standard operating procedure is to define guidelines for governing official actions of deputies serving non-criminal court orders and investigating civil disputes and criminal disturbances.
• This procedure applies to Sheriff's Office deputies who process non-criminal court orders and answer civil disputes.

Roles and Definitions

• The role of law enforcement officers in non-criminal civil disputes is to maintain neutrality and act as an impartial keeper of the peace.
• The role of law enforcement officers in criminal disturbances is to restore order and make necessary arrests for violations of the law.
• Definitions:
  • Civil Dispute: A confrontation concerning a disputed matter between two or more persons that does not involve a breach of the peace or the commission of a criminal act.
  • Criminal Disturbance: A confrontation between two or more persons that involves a breach of the peace, potential for violence, misdemeanor assault, battery, and/or related felony.
  • Court Order: An order or judgment issued by a court of competent jurisdiction in and for Hillsborough County, or any other Florida court.
  • Foreign Court Order: An order or judgment issued by a court outside of the State of Florida.

Procedures - Civil Disputes

• When deputies are requested to stand by to prevent an assault, battery, or breach of the peace while personal articles are removed from premises:
  • Deputies shall remain on public property or on public right-of-way unless admitted onto private property by all legitimate claimants of such premises.
  • If entry onto private premises and/or the removal of property is denied to a claimant by another who is in possession:
    • The deputy shall advise the claimant that personal property claims shall not be enforced by Sheriff's personnel without a court order.
    • If attempts are made to recover personal property over the objection of another and misdemeanor batteries occur outside the deputy's presence, it may be cause for a warrantless criminal arrest.
    • If a confrontation between two or more persons develops into an affray or a breach of the peace, all disputants committing criminal violations shall be subject to arrest.
• In domestic or neighborhood disputes:
  • Deputies shall park in a manner that allows safe approach and an opportunity to evaluate the situation.
  • Deputies shall separate and interview disputants in a calm and unbiased manner.
  • Deputies shall encourage disputants to offer or suggest alternatives for resolving the dispute.
  • Deputies shall maintain third-party neutrality while attempting to restore communication between disputants.

Procedures - Court Orders

• Deputies shall enforce only current court orders that specifically direct the Sheriff, or his duly constituted deputy, to execute the order or judgment.
• After a court order has been served, violations of the order that occur after service must be reported by the complainant to the court that issued the order.
• Enforcement of violations of a court order, with the exception of Domestic Violence Injunctions, must originate from the court with appropriate jurisdiction.
• Other than situations involving Domestic Violence Injunctions, deputies shall not make warrantless arrests for violations of civil court orders, unless the order has specific language to produce the violator "instanter" to the court.

Procedures - Criminal Disturbances

• In violent or felony disturbances, or when weapons are involved, at least two (2) patrol units shall be dispatched.
• Responding units shall park in a manner that allows a safe approach.
• Responding units shall attempt to evaluate the nature and extent of the dispute before making their presence known.
• Deputies shall separate and calm disputants.
• Deputies shall determine if there is probable cause for an arrest.
• Upon establishing probable cause for a felony violation, battery/assault (domestic violence), violation of a Domestic Violence Injunction, or a serious misdemeanor committed in a deputy's presence, an arrest shall be affected.
• Deputies shall inform disputants of procedures for initiating criminal prosecution when there is insufficient cause (or need) for arrest without a warrant.

Adult Pre-Arrest Diversion Program

• The program is a collaboration between the Sheriff's Office, State Attorney's Office, Clerk of the Circuit Court, and Public Defender's Office to provide an alternative to arrest for eligible adult offenders.

Eligibility Criteria

• The participant must be an adult arrestee who agrees to participate in the program and admits to the offense.
• The participant must have no prior DUI, misdemeanor, or felony convictions, and no prior felony arrests.
• The participant must not have been arrested for any misdemeanor offense in the past two years.
• The participant must not have participated in the APAD program within the past two years or more than twice in their lifetime.

Eligible Offenses

• The APAD program is available for all misdemeanor offenses in Florida Statutes and Hillsborough County Ordinances, except for certain listed exceptions.
• Exceptions include battery (domestic violence), driving under the influence, exposure of sexual organs, and others.

Multiple Charges

• If the individual is charged with multiple offenses stemming from a single event, they may still be eligible for the program.
• If the individual is charged with multiple offenses from separate incidents, they are not eligible for the program.

Procedure

• A deputy evaluating a misdemeanor offense shall evaluate the circumstances and release the subject without filing criminal charges if they qualify for the APAD program.
• The deputy shall verify eligibility by reviewing the individual's arrest history and contacting the district desk deputy to determine if the individual qualifies.
• If the individual qualifies, the deputy shall complete an e-CRA and select the APAD designation, and the individual shall report to the Misdemeanor Probation Unit within three business days.

Evidence Collection

• Deputies shall utilize the Notice to Appear Fingerprint Card to collect the subject's fingerprints.
• Deputies shall complete the front portion of the card and utilize the reverse side to print the four fingers on the subject's right hand.
• Deputies shall visually inspect the fingerprints to ensure there is ridge detail and they are not smeared.

Adult Pre-Arrest Diversion Program

• The program is a collaboration between the Sheriff's Office, State Attorney's Office, Clerk of the Circuit Court, and Public Defender's Office to provide an alternative to arrest for eligible adult offenders.

Eligibility Criteria

• The participant must be an adult arrestee who agrees to participate in the program and admits to the offense.
• The participant must have no prior DUI, misdemeanor, or felony convictions, and no prior felony arrests.
• The participant must not have been arrested for any misdemeanor offense in the past two years.
• The participant must not have participated in the APAD program within the past two years or more than twice in their lifetime.

Eligible Offenses

• The APAD program is available for all misdemeanor offenses in Florida Statutes and Hillsborough County Ordinances, except for certain listed exceptions.
• Exceptions include battery (domestic violence), driving under the influence, exposure of sexual organs, and others.

Multiple Charges

• If the individual is charged with multiple offenses stemming from a single event, they may still be eligible for the program.
• If the individual is charged with multiple offenses from separate incidents, they are not eligible for the program.

Procedure

• A deputy evaluating a misdemeanor offense shall evaluate the circumstances and release the subject without filing criminal charges if they qualify for the APAD program.
• The deputy shall verify eligibility by reviewing the individual's arrest history and contacting the district desk deputy to determine if the individual qualifies.
• If the individual qualifies, the deputy shall complete an e-CRA and select the APAD designation, and the individual shall report to the Misdemeanor Probation Unit within three business days.

Evidence Collection

• Deputies shall utilize the Notice to Appear Fingerprint Card to collect the subject's fingerprints.
• Deputies shall complete the front portion of the card and utilize the reverse side to print the four fingers on the subject's right hand.
• Deputies shall visually inspect the fingerprints to ensure there is ridge detail and they are not smeared.