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Questions and Answers
What is the maximum duration a person can be detained without a judge reviewing their charges after a warrantless arrest?
What is the maximum duration a person can be detained without a judge reviewing their charges after a warrantless arrest?
- 72 hours
- 48 hours (correct)
- 36 hours
- 24 hours
In completing the Warrantless Arrest Affidavit/Order, how should officers refer to victims and witnesses?
In completing the Warrantless Arrest Affidavit/Order, how should officers refer to victims and witnesses?
- By their initials only
- By their actual names
- By assigned numbers (correct)
- By their relationship to the crime
What action must officers take when submitting the Affidavit/Order to the Duty Judge?
What action must officers take when submitting the Affidavit/Order to the Duty Judge?
- Include personal details of the victims
- Complete the Order page
- Obtain an additional signature
- Ensure all pages are included (correct)
What must the synopsis on the Warrantless Arrest Affidavit/Order contain?
What must the synopsis on the Warrantless Arrest Affidavit/Order contain?
For which type of arrests is the Warrantless Arrest Affidavit/Order not required?
For which type of arrests is the Warrantless Arrest Affidavit/Order not required?
What role do officers have in the completion of the Warrantless Arrest Affidavit/Order form?
What role do officers have in the completion of the Warrantless Arrest Affidavit/Order form?
Which section of the policy did the recent changes primarily affect?
Which section of the policy did the recent changes primarily affect?
Which case is applicable to the policies regarding arrest procedures?
Which case is applicable to the policies regarding arrest procedures?
What must officers provide to DCDC Admissions staff when physically booking an arrestee?
What must officers provide to DCDC Admissions staff when physically booking an arrestee?
What is the first step an officer must take after completing the Warrantless Arrest Affidavit/Order?
What is the first step an officer must take after completing the Warrantless Arrest Affidavit/Order?
In case email is unavailable, what is the maximum time frame allowed for officers to provide the forms to the Duty Judge?
In case email is unavailable, what is the maximum time frame allowed for officers to provide the forms to the Duty Judge?
Which of the following is true regarding submissions of the Warrantless Arrest Affidavit/Order from a different location (Paper booking)?
Which of the following is true regarding submissions of the Warrantless Arrest Affidavit/Order from a different location (Paper booking)?
What format must officers use when sending copies of the Warrantless Arrest Affidavit/Order to the OPD Records Squad?
What format must officers use when sending copies of the Warrantless Arrest Affidavit/Order to the OPD Records Squad?
Under what condition must an officer consult with their supervisor regarding the Warrantless Arrest Affidavit/Order?
Under what condition must an officer consult with their supervisor regarding the Warrantless Arrest Affidavit/Order?
What should DCDC staff verify before accepting an arrestee into booking?
What should DCDC staff verify before accepting an arrestee into booking?
What should officers include in the subject line of the email when sending a Warrantless Arrest Affidavit?
What should officers include in the subject line of the email when sending a Warrantless Arrest Affidavit?
What is the role of the Records Squad regarding the Affidavits/Orders?
What is the role of the Records Squad regarding the Affidavits/Orders?
What do Officers NOT have to do while handling Felony Warrantless Arrest Packets as per the DCAO?
What do Officers NOT have to do while handling Felony Warrantless Arrest Packets as per the DCAO?
What is the deadline for officers to submit reports on the Electronic Reporting System?
What is the deadline for officers to submit reports on the Electronic Reporting System?
Who collects the original Affidavits/Orders from DCDC to deliver to the Douglas County Court Administration Office?
Who collects the original Affidavits/Orders from DCDC to deliver to the Douglas County Court Administration Office?
When does the Records Squad perform the retrieval of Affidavits/Orders?
When does the Records Squad perform the retrieval of Affidavits/Orders?
What is the significance of the Duty Judge's review of the Warrantless Arrest Affidavit?
What is the significance of the Duty Judge's review of the Warrantless Arrest Affidavit?
Flashcards
State v. Nissen
State v. Nissen
This court case is relevant to the policy regarding warrantless arrests. It states that police must have probable cause to make an arrest, even without a warrant.
Riverside v. McLaughlin
Riverside v. McLaughlin
This Supreme Court case established that a person's detention without probable cause is an unlawful seizure under the Fourth Amendment. It's relevant for warrantless arrests because probable cause is needed to detain someone.
Nebraska Revised Statutes §29-410
Nebraska Revised Statutes §29-410
This Nebraska statute outlines the legal grounds for making an arrest without a warrant. It involves situations where a crime occurs in the officer's presence or when there's a strong reason to believe the person committed a felony.
Juvenile -- Authorization to Detain
Juvenile -- Authorization to Detain
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Warrants -- Applications and Filing
Warrants -- Applications and Filing
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Warrantless Arrest Affidavit/Order
Warrantless Arrest Affidavit/Order
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OPD Policy on Warrantless Arrests
OPD Policy on Warrantless Arrests
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Synopsis on the Affidavit
Synopsis on the Affidavit
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Warrantless Arrest Affidavit
Warrantless Arrest Affidavit
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Warrantless Arrest Order
Warrantless Arrest Order
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Victim/Witness Identification on Affidavit
Victim/Witness Identification on Affidavit
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Completeness of Affidavit
Completeness of Affidavit
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Completing the Order Page
Completing the Order Page
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Subject Line for Warrantless Arrest Affidavit Email
Subject Line for Warrantless Arrest Affidavit Email
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Sending the Warrantless Arrest Affidavit/Order
Sending the Warrantless Arrest Affidavit/Order
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Submitting the Original Affidavit/Order at DCDC
Submitting the Original Affidavit/Order at DCDC
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Submitting the Affidavit/Order from Other Locations
Submitting the Affidavit/Order from Other Locations
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Sending the Original Affidavit/Order via Inter-Departmental Mail
Sending the Original Affidavit/Order via Inter-Departmental Mail
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CSU/Court Liaison Squad's Role
CSU/Court Liaison Squad's Role
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Felony Warrantless Arrest Packets
Felony Warrantless Arrest Packets
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Electronic Reporting System Deadline
Electronic Reporting System Deadline
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What must the officer do with the Warrantless Arrest Affidavit/Order?
What must the officer do with the Warrantless Arrest Affidavit/Order?
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Where must officers submit the Warrantless Arrest Affidavit/Order?
Where must officers submit the Warrantless Arrest Affidavit/Order?
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What happens if email is not available for sending the Affidavit/Order?
What happens if email is not available for sending the Affidavit/Order?
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Where else does the Warrantless Arrest Affidavit/Order need to be sent?
Where else does the Warrantless Arrest Affidavit/Order need to be sent?
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How is the Warrantless Arrest Affidavit/Order submitted to DCDC Admissions?
How is the Warrantless Arrest Affidavit/Order submitted to DCDC Admissions?
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What must be completed before an arrestee can be booked?
What must be completed before an arrestee can be booked?
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What needs to be done to the Warrantless Arrest Affidavit/Order to make it legally valid?
What needs to be done to the Warrantless Arrest Affidavit/Order to make it legally valid?
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What is a Warrantless Arrest Affidavit/Order (OPD Form 156A)?
What is a Warrantless Arrest Affidavit/Order (OPD Form 156A)?
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Study Notes
Omaha Police Department General Order 15-24
- Subject: Arrest Affidavit/Order (Warrantless)
- Effective Date: 23 February 2024
- Amends: General Order #25-22
- Policy Revision: This order modifies the procedures for handling warrantless arrest affidavits/orders, primarily focusing on routing and completion.
Policy Changes
- Email Routing: Officers must now email copies of the Affidavit/Order to the Duty Judge and OPD Records Squad.
- Arrest Affidavit/Order (OPD Form 156A): Required for all non-warrant felony arrests to ensure detention does not exceed 48 hours without judicial review.
- Warrant Arrests: This form (156A) is not required for warrant arrests. If an arrest has a warrant, relevant policy applies.
Procedure - Completing the Form
- OPD Officers: Responsible for completing the Warrantless Arrest Affidavit/Order Form (156A) for non-warrant felony arrests.
- Synopsis Requirement: Officers must include a brief synopsis of the incident and the probable cause for the arrest on the affidavit.
- Standing Alone Report: The 156A must stand alone as a report submitted to the duty judge for review.
- Time Sensitivity: The form must be completed by the arresting officer, regardless of arrest time.
Procedure - Routing & Additional Info
- Emailing: The completed and notarized affidavit must be immediately emailed to the Duty Judge, along with a copy to the OPD Records Squad.
- Alternative: If email is unavailable, the form must still be delivered to the duty judge within 24 hours, utilizing alternative methods such as interdepartmental mail.
- DCDC Procedures: When an arrestee is booked at Douglas County Department of Corrections (DCDC), a copy of the completed and notarized affidavit is provided to DCDC admissions staff. DCDC staff verifies the completeness of the form before accepting the arrestee.
- PDF Format: Officers must send copies in PDF format, and at DCDC, the scanner/printer automatically converts the doc to PDF while emailing.
- Subject Line: The subject line for emailed forms must be "Warrantless Arrest Affidavit" for all cases.
- Notarization: Completion and notarization of the Affidavit/Order Form are required.
- Form Completion: Complete the form before accepting an arrestee for booking.
- Missing Pages: Ensure no pages are missing before scanning, emailing, or faxing the affidavit/order.
- Other Policies: Officer should consult related policies regarding warrants, applications, filing, and booking procedures.
- Electronic Submission: Officers must submit their reports to the Electronic Reporting System by the end of their shift.
Additional Notes
- The Duty Judge decides if probable cause exists in such arrests to release the individual.
- The use of witness/victim identifiers (victim #1, witness #2, etc.) is clarified.
- This order outlines procedures for warrantless arrests.
- Specific email addresses are included for the Duty Judge and records.
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