Chapter 28 Execution Of Arrest Warrants PDF

CHAPTER 28 – EXECUTION OF ARREST WARRANTS REV. NOVEMBER 30, 2012 28.01 DEFINITIONS A. Arrest Warrant: Is a written order issued by a magistrate (on a showing of probable cause) and directed to a peace officer, commanding him to arrest a named or described person. B. Probable Cause: That...

CHAPTER 28 – EXECUTION OF ARREST WARRANTS REV. NOVEMBER 30, 2012 28.01 DEFINITIONS A. Arrest Warrant: Is a written order issued by a magistrate (on a showing of probable cause) and directed to a peace officer, commanding him to arrest a named or described person. B. Probable Cause: That total set of apparent facts and circumstances based on reasonably trustworthy information which would warrant a prudent person (in the position of and with the knowledge of the particular peace officer) to believe something, for example, that a particular person has committed some offense against the law. C. Reasonable Suspicion: An officer’s rational belief, based on credible and articulate information and circumstances, that an offense may have occurred or that a particular person may have committed on offense. 28.02 GENERAL DUTIES A. Unless permitted under the rules of CHAPTER 11 on Warrantless Arrest, officers shall never arrest anyone without an arrest warrant. B. Officers shall never alter the information on any arrest warrant in any manner. C. Officers shall presume that any arrest warrant, which appears in proper form, is valid. To be in proper form and valid on its face, an arrest warrant shall: 1. Issue in the name of the “The State of Texas”; 2. Specify the name of the person whose arrest is ordered (if name unknown), specify some reasonably definite description); 3. State that the person is accused of a named state offense; and 4. Be signed by the magistrate (whose office must be named). D. Officers shall execute a valid arrest warrant as provided by law and these rules. E. If the warrant lacks proper form, the officer shall not execute it but shall return it to the magistrate who issued it. F. If officers have any question about the details or current validity of an arrest warrant, they shall verify the information on the warrant before making an arrest based on such warrant. Officers shall automatically verify the accuracy of any arrest warrant issued 30 days or more before the date of execution. Effective date April 30, 2014 283 28.03 GENERAL PROCEDURES A. Officers need not have actual physical possession of an arrest warrant in order to executive it. B. In executing an arrest warrant, whether or not the warrant is in possession, officers shall announce to the person being arrested that the arrest is made pursuant to an arrest warrant. If officers have the warrant in possession, they shall show it to the arrestee. If the officer does not possess the warrant they shall tell the arrestee the offense charged and where the warrant originated. C. Unless officers have informed the arrestee of his Miranda rights, officer shall not interrogate the arrestee. D. Arresting officers shall, without unnecessary delay, take the person arrested (or have him taken) before a magistrate of the county where the arrest occurred. 28.04 CHANCE ENCOUNTERS A. When an officer finds a person he believes to be wanted in a public place and does not have the warrant in possession, they will detain the person and check by radio or telephone to ensure that the warrant is still outstanding before taking the person into custody. B. Whenever an officer lawfully detains a person (other than traffic stops covered in CHAPTER 23), they shall, if feasible, concurrently initiate a records check to determine whether any arrest warrant is outstanding against that person. C. To conduct a records check, officers may detain a person (who has been lawfully stopped) for a reasonable period of time. 1. For routine record checks by radio, telephone, teletype, or computer terminal, the detention shall not exceed the time necessary to conduct the check or 30 minutes whichever is shorter. 2. However, detention may exceed 30 minutes (but not more than a total of 60 minutes) if the officers have reasonable suspicion that a warrant is outstanding but, because of unusual circumstances, do not receive the requested information within that time period. D. Officers may prevent a person detained for a warrant check from leaving the officer’s presence. 1. The person may be required to wait in the officer’s vehicle, in their own vehicle, or in some other convenient place. 2. The person may be frisked if the officer has reason to believe that they may be armed and dangerous. 28.05 PLANNED EXECUTIONS OF ARREST WARRANTS A. Warrant File Effective date April 30, 2014 284  1. A warrant file shall be maintained by Criminal Warrants Section for criminal warrants. Whenever officers execute or attempt to execute warrants, they shall note on the file the date, time, result, and any other pertinent information (for example, that the suspect is expected to return at a certain time or that the suspect is unknown at the address.) 2. Officers attempting to execute a warrant will have entered into the file the required information. B. General Rules 1. When possible execute during daylight, unless circumstances make this dangerous or impractical. 2. Execute when the person named in the warrant is most likely to be present. 3. Execute when resistance is least expected and best controlled. 4. Minimize the inconvenience to other persons who may be on the premises, unless other circumstances make this impractical. 5. Balance the safety, effectiveness, and convenience of officers and occupants. C. Place of Execution 1. Subject to the limitations set out herein, an officer may serve the warrant at any place, public or private, where the individual named is reasonably believed to be located. 2. When an arrest warrant is outstanding, officers may enter the residence of the person named in the warrant to make the arrest if they have probable cause to believe the person is inside. In absence of facts tending to show the person is not at home, it may be assumed that he is at home. 3. Unless impractical, officers shall have the warrant, or a copy thereof, in their possession before executing the warrant at a residence. 4. When an arrest warrant is outstanding, and officers have probable cause to believe that the person named therein is in the residence of another person, the officer may enter to arrest only if he obtains a search warrant, or if he obtains consent from the person in control of the premises, or if exigent circumstances exist which make obtaining a search warrant impractical. Steagald v. United States, 451 US 204, 68 L. Ed. 2d, 101 S. Ct. 1642 (1981). 5. When it is necessary to enter the offender’s place of employment to make the arrest, officers shall have the warrant or a copy unless impractical. Officers must be able to state any reasons which made obtaining a warrant impractical. Unless there is cause to believe that the arrest would be jeopardized or persons or property endangered, officers shall advise the person in charge of the business of the warrant and attempt to arrange the least intrusive and disruptive method of effecting the arrest. Effective date April 30, 2014 285 D. Officers need not execute the warrant at the first possible opportunity to do so, but may choose the time and place, however, officers shall not select the time and place of arrest solely to create the opportunity to conduct a search incident to the arrest, or to embarrass, oppress, or inconvenience the arrestee. E. Only peace officers will generally participate in the execution of an arrest warrant. When necessary to the success of the arrest warrant execution, the officer in charge may permit technical experts (e.g., a locksmith) to participate in such execution. F. Generally, officers shall not use force to enter private premises to execute a misdemeanor arrest warrant. When officers have gained legal entry the offender may be forcibly removed if necessary. G. In general, when seeking to enter private premises, officers shall ring the doorbell or knock on the door, announce their identity and purpose, and demand admittance. They shall then wait, for a reasonable time under the circumstances, to be admitted. While executing a felony arrest warrant, however, if officers reasonably believe that exigent circumstances exist which would unduly jeopardize their safety or the security of the person sought, officers need not announce their identity and purpose before entering private premises. H. If officers must make a forcible entry; they shall enter the premises by the least forceful means possible under the circumstances. Although entry may necessarily include breaking a door or window, officers must strive to inflict as little damage as possible to the premises. I. Whenever officers must forcibly enter private premises to execute a felony arrest warrant, the officer in charge of the operation shall take appropriate measures to protect the safety and security of all persons present. J. After forcibly entering private premises to execute a felony arrest warrant, officers shall immediately secure the premises by locating, and controlling the movement of all persons who reasonably appear to present a threat to the safety of the officers. Officers shall also control any object which may be used as a weapon. Officers may frisk any person who they reasonably suspect may have a weapon concealed upon his person. K. Any detention, warrant less arrest, frisk, search, or seizure conducted in conjunction with the execution of an arrest warrant shall conform to the rules governing such activities. L. Officers shall leave the premises at least as secure as when they entered, for example, by leaving it in the hands of a responsible person or by locking all doors and windows. M. Any arrest under warrant will be made in a manner which will minimize embarrassment or disruption to the offender, so long as it does not endanger or significantly inconvenience the officer. N. Prior to executing a major arrest warrant operation, the officer in charge shall notify the Sheriff. “Major arrest warrant operation” includes situation involving major crimes, major offenders, unusual danger to officers, unusual number of peace officers involved, joint operations with other agencies, or other situations of special sensitivity. Effective date April 30, 2014 286 28.06 DISSEMINATION OF WARRANT INFORMATION A. Whenever a magistrate issues an arrest warrant, the information shall be entered into Texas Crime Information Center (TCIC) and National Crime Information Center (NCIC), in accordance with established guidelines. B. Whenever officers successfully execute an arrest warrant, they shall take appropriate measures to cancel all information regarding the existence of the warrant by clearly noting service of the warrant. 28.07 EXECUTION OF LOCAL WARRANTS BY OTHER DEPARTMENTS A. Whenever another law enforcement agency within Texas holds a prisoner on a warrant from the BCSO, the BCSO shall notify the holding agency to release him, or pick up the prisoner within five days. B. Whenever an out-of-state agency notifies the BCSO that the out-of-state agency has executed an arrest warrant held by the BCSO, and is holding the person arrested, the BCSO shall immediately pursue extradition proceedings. 28.08 REQUIRED REPORTS A. Offense or Incident reports will be prepared whenever any amount of force beyond non- requesting handcuffing the arrest of a subject, detailing the exact force used and the reason or justification for its use. B. Property Damage. Whenever property of any kind or ownership is damaged as a result of the apprehension or attempted apprehension of a subject, the officer or officers involved will prepare an Incident Report or an Offense Report detailing the type of property damaged, the identity of the property owner, description of the damage, and the reason or justification for the damage. Effective date April 30, 2014 287