Osceola County Sheriff's Office Policy and Procedures

Osceola County Sheriff's Office Policy and Procedures Sheriff Marcos R. Lopez Number: 201.0 Effective Date: P.R.C. Review: 08/15/06 S.M.E. Review: 03/15/12 Rescinds: 08/25/06 Amends: Accreditation...

Osceola County Sheriff's Office Policy and Procedures Sheriff Marcos R. Lopez Number: 201.0 Effective Date: P.R.C. Review: 08/15/06 S.M.E. Review: 03/15/12 Rescinds: 08/25/06 Amends: Accreditation Standards: CFA 2.02 Subject: Authority This order consists of the following: 1. Purpose 2. Policy 3. Definitions 4. Procedures 1. Purpose To define the scope and limits of the agency’s law enforcement authority and to provide guidelines for the use of that authority. 2. Policy The Constitution of the State of Florida mandates an elected Sheriff for each county of the state, unless otherwise excepted by county charter or special law. In addition, Chapter 30, FSS, enumerates certain powers, duties, and obligations to the Sheriff. The Sheriff’s Office operates under the authority vested in the Sheriff by the Constitution of the State of Florida and Florida Statutes. The Sheriff then appoints deputies to assist in the performance of his/her duties and those deputies may use judgment and discretion in the execution of their duties. 3. Definitions A. Authority – The power or right to give orders, enforce laws, make decisions, or judge. A person, group, or organization invested with this power. B. Arrest – To lawfully take custody of another to bring him/her before a court of proper jurisdiction. C. Discretion – The authority to make decisions and choices with the application of sound judgment. D. Notice to Appear (NTA) – A written order issued by a sworn law enforcement officer instead of physical arrest requiring a person accused of violating the law to appear in a designated court or governmental office at a specific date and time. Page 1 of 4  201.0 4. Procedures A. Statutory Authority Section 30.15, FSS sets forth the powers, duties, and obligations of a Sheriff. Sheriffs in their respective counties, in person, or by deputy shall: 1. Execute all processes of the Supreme Court, Circuit Courts, County Courts, and Boards of County Commissioners of this state, to be executed in their counties. 2. Execute such other writs, processes, warrants, and other papers directed to them, as may come to their hands to be executed in their counties. 3. Attend all terms of the circuit court and county court held in their counties. 4. Execute all orders of the boards of county commissioners of their counties, for which services they shall receive such compensation, out of the county treasury, as said boards may deem proper. 5. Be conservators of the peace in their counties. 6. Suppress tumults, riots, and unlawful assemblies in their counties with force and strong hand when necessary. 7. Apprehend, without warrant, any person disturbing the peace, and carry them before the proper judicial officer, that further proceedings may be had against them according to law. 8. Have authority to raise the power of the county and command any person to assist them, when necessary, in the execution of the duties of their office; and whoever, not being physically incompetent, refuses, or neglects to render such assistance, shall be punished by imprisonment in jail, not exceeding one (1) year, or by fine not exceeding five hundred dollars ($500.00). 9. Be, ex officio, timber agents for their counties. 10. Perform such duties as may be imposed upon them by law. 11. Assist district school boards and charter school governing boards in complying with FSS 1006.12. B. Sworn Member Discretion Section 901.15, FSS, provides authority for law enforcement officers to make arrests. Deputies are cautioned to use discretion in the performance of their assigned duties, taking into consideration the conditions present at the time, the constraints of existing policy, statutes, laws, and ordinances pertaining to the situation, available alternatives, and direction from supervisors. 1. Persons arrested for misdemeanors, county ordinances violations, or criminal traffic offenses, can be released at the scene of the arrest, upon execution of a Page 2 of 4  201.0 promise to appear in court, rather than be booked in the county jail, unless the arresting sworn member has specific grounds to justify physical arrest and booking. 2. An accused who has been properly identified and refuses to sign a Notice to Appear (NTA), a criminal traffic citation, a traffic citation requiring a mandatory court appearance, or provide sufficient information for an NTA, shall be arrested, transported, and booked in the county jail. 3. The decision regarding an arrest should be made after careful consideration of the following: a. Whether the arrest would cause a greater risk of harm to the public than not arresting the offender. b. Whether the offense can best be dealt with through informal warnings, such as warnings or talking with the parents of a juvenile offender. c. The seriousness of the crime committed. C. Release on Signature If planning to release the defendant after securing a signature on the NTA, the investigating sworn member shall obtain a positive identification from the accused, and the following: 1. Adults – The defendant’s name, date of birth, employer (if any), verifiable address, the correct statute or ordinance, a thumbprint, and any additional required information. 2. Juveniles – In addition to the above, include the name, address, and signature of a parent, legal guardian, or custodian. D. Alternatives to Arrest {CFA 2.02} Not all offenses require the offender’s physical arrest. Alternatives to arrest and pre- arraignment confinement may be utilized. These include, but are not limited to, the following: 1. The issuance of a citation, NTA, for some misdemeanors or violations of ordinances, following the guidelines of this policy and procedure. 2. Informal resolution of the problem. 3. A verbal warning prohibiting the conduct. 4. Referral of the subject to a community service organization. 5. Release of a juvenile to the custody of a parent, legal guardian, or custodian. 6. Juvenile diversion programs. Page 3 of 4  201.0 7. Baker Act and Marchman procedures, which are outlined in Policy 415.0, Response to Persons with Developmental Disabilities, Mental Illness, and/or Substance Abuse Impairment. Page 4 of 4