Arrest Affidavit/Order (Warrantless)

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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?

  • 72 hours
  • 48 hours (correct)
  • 36 hours
  • 24 hours

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?

  • 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?

<p>Outline of the incident &amp; Probable Cause (A)</p> Signup and view all the answers

For which type of arrests is the Warrantless Arrest Affidavit/Order not required?

<p>Warrant arrests without any charges (D)</p> Signup and view all the answers

What role do officers have in the completion of the Warrantless Arrest Affidavit/Order form?

<p>They are responsible for completing the form for all non-warrant felony arrests (C)</p> Signup and view all the answers

Which section of the policy did the recent changes primarily affect?

<p>Section II - Routing of Affidavits/Orders (D)</p> Signup and view all the answers

Which case is applicable to the policies regarding arrest procedures?

<p>Riverside v. McLaughlin (B)</p> Signup and view all the answers

What must officers provide to DCDC Admissions staff when physically booking an arrestee?

<p>The original, notarized Warrantless Arrest Affidavit/Order (B)</p> Signup and view all the answers

What is the first step an officer must take after completing the Warrantless Arrest Affidavit/Order?

<p>Email it to the Duty Judge (A)</p> Signup and view all the answers

In case email is unavailable, what is the maximum time frame allowed for officers to provide the forms to the Duty Judge?

<p>24 hours (D)</p> Signup and view all the answers

Which of the following is true regarding submissions of the Warrantless Arrest Affidavit/Order from a different location (Paper booking)?

<p>Email or Fax submissions are accepted at all times (B)</p> Signup and view all the answers

What format must officers use when sending copies of the Warrantless Arrest Affidavit/Order to the OPD Records Squad?

<p>PDF format (C)</p> Signup and view all the answers

Under what condition must an officer consult with their supervisor regarding the Warrantless Arrest Affidavit/Order?

<p>If email is not available to send the forms (D)</p> Signup and view all the answers

What should DCDC staff verify before accepting an arrestee into booking?

<p>That the Affidavits are completely filled out (B)</p> Signup and view all the answers

What should officers include in the subject line of the email when sending a Warrantless Arrest Affidavit?

<p>Warrantless Arrest Affidavit (B)</p> Signup and view all the answers

What is the role of the Records Squad regarding the Affidavits/Orders?

<p>Retrieve and upload documents to RMS (C)</p> Signup and view all the answers

What do Officers NOT have to do while handling Felony Warrantless Arrest Packets as per the DCAO?

<p>Compiling these packets (B)</p> Signup and view all the answers

What is the deadline for officers to submit reports on the Electronic Reporting System?

<p>At the end of their shift (C)</p> Signup and view all the answers

Who collects the original Affidavits/Orders from DCDC to deliver to the Douglas County Court Administration Office?

<p>CSU/Court Liaison Squad (A)</p> Signup and view all the answers

When does the Records Squad perform the retrieval of Affidavits/Orders?

<p>Every weekday morning before 0800 hours (C)</p> Signup and view all the answers

What is the significance of the Duty Judge's review of the Warrantless Arrest Affidavit?

<p>To determine probable cause (C)</p> Signup and view all the answers

Flashcards

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

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

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

This OPD policy outlines the procedures for submitting affidavits and packets for juvenile arrests.

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Warrants -- Applications and Filing

This OPD policy details the procedures for filing warrant applications and the overall process of booking felony warrant arrests.

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Warrantless Arrest Affidavit/Order

A document completed by OPD officers for all non-warrant felony arrests, ensuring a judge reviews the charges within 48 hours of detention.

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OPD Policy on Warrantless Arrests

The Omaha Police Department's policy to complete a Warrantless Arrest Affidavit/Order (OPD Form 156A) for all non-warrant felony arrests.

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Synopsis on the Affidavit

A brief summary of the incident and probable cause for arrest, written on the Warrantless Arrest Affidavit/Order.

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Warrantless Arrest Affidavit

The portion of the Affidavit that outlines the reason for the arrest, which must stand alone as a report.

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Warrantless Arrest Order

The portion of the Warrantless Arrest Affidavit/Order that includes the order for the defendant's detention.

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Victim/Witness Identification on Affidavit

Victims and witnesses are referred to by numbers in the synopsis on the Affidavit, not by name.

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Completeness of Affidavit

Officers are instructed to make sure that no parts of the Warrantless Arrest Affidavit/Order (OPD Form 156A) are missing when scanning, emailing, or faxing.

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Completing the Order Page

Officers should enter the defendant's name in the space provided at the top of the Order page, but not complete the Order page of the Warrantless Arrest Affidavit/Order.

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Subject Line for Warrantless Arrest Affidavit Email

The subject line of the email containing the warrantless arrest affidavit should be "Warrantless Arrest Affidavit." This assists in easy identification and organization.

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Sending the Warrantless Arrest Affidavit/Order

Officers must ensure the warrantless arrest affidavit and order are sent to the Duty Judge and OPD Records Squad immediately.

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Submitting the Original Affidavit/Order at DCDC

If the officer is at DCDC, they should submit the original affidavit/order to DCDC Admissions staff.

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Submitting the Affidavit/Order from Other Locations

If the officer is at Central Headquarters or another location besides DCDC, they should email or fax a copy of the affidavit/order to DCDC immediately.

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Sending the Original Affidavit/Order via Inter-Departmental Mail

Officers need to send the original affidavit/order to DCDC via Inter-Departmental mail.

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CSU/Court Liaison Squad's Role

The CSU/Court Liaison Squad is tasked with collecting the original affidavits/orders from DCDC and delivering them to the Douglas County Court Administration Office.

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Felony Warrantless Arrest Packets

Officers no longer need to compile Felony Warrantless Arrest Packets, as the DCAO, Duty Judge, and others with access to RMS can retrieve the necessary documents electronically.

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Electronic Reporting System Deadline

Officers need to complete and submit reports on the Electronic Reporting System by the end of their shift, allowing for timely review and access by Sergeants, the DCAO, and Judges.

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What must the officer do with the Warrantless Arrest Affidavit/Order?

The officer completes the Warrantless Arrest Affidavit/Order (OPD Form 156A), signs it, ensures it's notarized, and immediately emails it to the Duty Judge.

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Where must officers submit the Warrantless Arrest Affidavit/Order?

Officers must provide a completed and notarized Warrantless Arrest Affidavit/Order (OPD Form 156A) to Douglas County Department of Corrections (DCDC) Admissions staff when booking an arrestee.

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What happens if email is not available for sending the Affidavit/Order?

If email is unavailable, officers must still provide the Warrantless Arrest Affidavit/Order to the Duty Judge within 24 hours, seeking guidance from their supervisor, OPD Customer Services Unit (CSU) Lieutenant, or OPD Court Liaison Squad.

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Where else does the Warrantless Arrest Affidavit/Order need to be sent?

After emailing the Warrantless Arrest Affidavit/Order to the Duty Judge, officers must email a copy to the OPD Records Squad at [[email protected]].

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How is the Warrantless Arrest Affidavit/Order submitted to DCDC Admissions?

The Warrantless Arrest Affidavit/Order (OPD Form 156A) must be provided to DCDC Admissions staff when booking an arrestee at DCDC, either in person or via fax or email.

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What must be completed before an arrestee can be booked?

The Warrantless Arrest Affidavit/Order (OPD Form 156A) must be fully completed before an arrestee is accepted into booking by DCDC staff.

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What needs to be done to the Warrantless Arrest Affidavit/Order to make it legally valid?

The Warrantless Arrest Affidavit/Order (OPD Form 156A) must be notarized by a notary public for legal validity.

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What is a Warrantless Arrest Affidavit/Order (OPD Form 156A)?

The Warrantless Arrest Affidavit/Order (OPD Form 156A) is a document used to record information related to an arrest without a warrant, including the reason for arrest, details of the incident, and the arrestee's information.

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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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