Omaha Police Department Arrest Without Warrant Policy PDF

**ARREST WITHOUT WARRANT** **POLICY:** It is the policy of the Omaha Police Department (OPD) to use the most efficient and effective process to make an arrest. When a suspect is contacted during the course of an investigation, it is preferable to clear the case through arrest or citation as approp...

**ARREST WITHOUT WARRANT** **POLICY:** It is the policy of the Omaha Police Department (OPD) to use the most efficient and effective process to make an arrest. When a suspect is contacted during the course of an investigation, it is preferable to clear the case through arrest or citation as appropriate to the circumstances. A citation may be issued in lieu of a physical arrest in appropriate circumstances. To justify an arrest or citation without warrant, an officer shall have probable cause to make the arrest. Officers shall adhere to the OPD "[Searches -- Private Property and Residences](https://powerdms.com/docs/1065510?q=searches)" policy when making a warrantless, non-consensual entry into a private residence**/**property to make an arrest. **PROCEDURE:** **I. Criteria for Lawful Arrest (Probable Cause)** **II. Physical Arrest Made Without a Warrant** 3\. One of the following offenses and the property involved is a motor vehicle: **EXCEPTION:** CIB investigators may issue a citation or citation request for the above-listed offenses when the offense is classified as a misdemeanor, when approved by their supervisor. **III. Felony Arrests** **IV. Misdemeanors** 1\. If an officer intends merely to issue a criminal citation, it is only necessary for the officer to have probable cause that a crime has been committed, and that the person being cited committed the crime. 2\. If the officer is assigned to either CIB or the Traffic Unit and the subject to be cited is not present and/or cannot be located, the officer may issue a Citation Request, per the OPD "[Locate Persons and Citation Requests](https://powerdms.com/docs/803758?q=locate%20person)" policy. **V. Uniform Patrol Bureau (UPB) Officers' Investigatory Responsibility** A. UPB officers will make an investigation of all misdemeanor offenses including the following: B. All of this information shall be documented in the Incident Report or Supplemental Reports. C. The obligation to continue the investigation on that same shift in misdemeanor offenses is mandatory for the UPB officers within the reasonableness of the geography of the precinct in which they are assigned. 1\. If contact can be made with the suspect, the officer will contact the suspect and will make full investigative inquiry regarding: a\. Statements about the crime. b\. Full identification so that the suspect can be located at a later date. c\. If probable cause exists, the officer will issue a citation or physically book the suspect as appropriate to the circumstances. Command approval is required for physical booking. The name and rank of the commanding officer approving the booking will be documented in the narrative of the original Incident Report. D. Officers who make arrests after the initial investigation will, when possible, advise the victim that an arrest has been made. This notification will be documented in Supplemental Reports. **VI. Identification** **VII. Issuing a Criminal Citation** **REFERENCES:** **I. Nebraska Revised Statutes** A. Nebraska Revised Statutes [§29-402](https://nebraskalegislature.gov/laws/statutes.php?statute=29-402), [29-402.01](https://nebraskalegislature.gov/laws/statutes.php?statute=29-402.01), [29-402.02](https://nebraskalegislature.gov/laws/statutes.php?statute=29-402.02), [29-402.03](https://nebraskalegislature.gov/laws/statutes.php?statute=29-402.03), [29-422](https://nebraskalegislature.gov/laws/statutes.php?statute=29-422), [28-511](https://nebraskalegislature.gov/laws/statutes.php?statute=28-511), [28-516](https://nebraskalegislature.gov/laws/statutes.php?statute=28-516), and [28-517](https://nebraskalegislature.gov/laws/statutes.php?statute=28-517) are referenced in this policy. **II. Previous OPD Orders** A. Previous General Orders: \#23-96, 24-02, 29-08, 14-12, 6-14, 88-17, 31-18, 75-21, and 18-22. **III. Accreditation Standards** A. CALEA Accreditation standards 1.2.5, 1.2.6, and 1.2.7 are relevant to this policy.