St. Johns County Sheriff's Office Arrest Procedure PDF

ST. JOHNS COUNTY SHERIFF’S OFFICE ROBERT A. HARDWICK, SHERIFF Arrest Procedure Policy 1.5 Effective Date: 06/30/2006 Amended Date: 11/04/2022 ACCREDITATION STANDARDS CALEA: 1.2.5 CFA: FCAC: FLA-TAC: FMJS: Discussion: Florida Statute Chapter 901 governs arrests with and without warrants. The Criminal...

ST. JOHNS COUNTY SHERIFF’S OFFICE ROBERT A. HARDWICK, SHERIFF Arrest Procedure Policy 1.5 Effective Date: 06/30/2006 Amended Date: 11/04/2022 ACCREDITATION STANDARDS CALEA: 1.2.5 CFA: FCAC: FLA-TAC: FMJS: Discussion: Florida Statute Chapter 901 governs arrests with and without warrants. The Criminal Rules of Procedure require a non-adversary probable cause determination must be made within seventy-two (72) hours from the time of the defendant’s arrest. The determination will be made at the first appearance hearing. [1.2.5] DEFINITIONS Agency – Refers to St. Johns County Sheriff’s Office GENERAL.1 The arrest report may be insufficient without the supporting documents, i.e., sworn affidavits, or incident reports..2 The standard of proof required is the same for the issuance of an arrest warrant. ARREST WITHOUT A WARRANT Criteria for Warrantless Arrest: [1.2.5].3 The deputy has probable cause to believe a felony crime is about to be committed, has been committed, or is being committed..4 A felony, misdemeanor, or criminal county ordinance committed in the presence of a deputy..5 Review Legal Guidelines in the Criminal Law Handbook for further information on misdemeanor arrests and crimes not committed in the presence of a deputy. Arrest Procedure 1.5 Page 1 of 4 Procedure for Warrantless Arrest.6 The deputy should follow these steps:  Verbally tell the suspect they are under arrest  Conduct a search of the suspect for weapons or other contraband  Check for any medical issues  Properly restrain the suspect  Place the suspect in the back of the agency vehicle  Advise them of the charges  Advise them of the Miranda Warning before any interviewing can take place  Note: Deputies should not automatically Mirandize a suspect unless formal questioning takes place. The invoking of Miranda too early could prevent a Detective from being able to interview the suspect later  Transport to the Detention Center. (If the arrestee is going to be interviewed or questioned, they may be transported to the designated Criminal Investigations Division location.  See also policy 61.15 Traffic Crashes and policy 61.17 DUI Enforcement. Warrant and Warrantless Arrests [1.2.5].7 Complete all applicable paperwork and / or transmit electronic version prior to arriving at the Detention Center for admissions procedure which may include:  Arrest Report  Incident Report  Supplement Report (if applicable)  Sworn Affidavit (if applicable)  Traffic Citations (if applicable).8 If an emergency exists and paperwork cannot be completed prior to arriving at the Detention Center, the deputy will complete designated portions of the Arrest Report at a minimum. All other paperwork shall be completed and / or transmitted before ending the tour of duty..9 The arrestee will be fingerprinted and photographed as part of the Corrections admissions procedure. The exception to fingerprinting will be those subjects arrested for Contempt of Court and juveniles arrested on an Order to Take into Custody for Technical Violations i.e., FTA and Absconded from supervision. Arrest Procedure 1.5 Page 2 of 4 ARREST WITH A WARRANT AND EXPARTE ORDERS [1.2.5] Search Warrants.10 When appropriate, the search team shall arrest the subjects named in the search warrant and arrest any other person(s) violating the law from probable cause established during the execution of the search warrant. Arrest Warrant / Capias [1.2.5].11 An arrest warrant is a judicial order to take a person into custody, which is issued as a result of a complaint affidavit filed by the investigating deputy / detective, showing probable cause the person therein named committed the listed offense..12 A capias is a judicial order to take a person into custody which is issued as a result of the State Attorney’s filing information showing probable cause the person therein named committed the listed offense. Criteria.13 Warrant is an instrument, issued by a magistrate, authorizing Law Enforcement deputies to make an arrest, seize property, make a search, or execute a judgment.14 Exparte means only one side has been told. Based on the recommendation, testimony, etc., of a responsible person, a judge will order the pickup of a subject who is considered a risk to themselves, or to others, if they are not taken into custody Disposition of Warrants and Exparte Orders.15 The original Search Warrant is forwarded to the Clerk of Courts and a copy is filed in the Records Section..16 The original Arrest Warrant is forwarded to the Clerk of Courts and a copy is filed in the Records Section..17 The original Exparte Worksheet shall be returned to Court Services. A certified copy of the Exparte order shall be left at the delivery site and a copy will be served on the subject..18 The original Baker Act (BA-52) shall be left at the delivery site. No copies are made..19 The original Protective Custody report is kept in Booking. Civil Arrest Orders.20 Contempt of Court:  An order citing a person in contempt for failure to comply with a court order  Orders from the court requiring a deputy to pick up a person and deliver them to the court, usually for a hearing. All orders must be read to understand the requirement of the court Arrest Procedure 1.5 Page 3 of 4 Writ of Attachment.21 Writ of Attachment is an order from the court commanding the Sheriff to take into custody a person who has not complied with an order by the court concerning property. A writ can have a cash purge or a form of documentation to allow the subject to purge from custody. Custody Order.22 Custody Order is an order from the court commanding the Sheriff to take into custody a person named on the writ  Custody orders requiring a deputy to take custody of small children and deliver them as directed by the order  Taking a child into emergency protective custody at the request of an on-the-scene single intake counselor from the Department of Children and Families  The agency only executes Florida Orders. If an order is received from another state, the subject must be referred to the courts ADDITIONAL COURT ORDERS.23 The two (2) acts in which deputies may take persons into custody at the order of the court for required treatment / commitment are:  Baker Act (Mental Health Related)  Protective Custody (Alcohol related) Executing the Order.24 If the subject is located, the deputy will take the person into custody using only that amount of force necessary to effect the court order..25 The deputy will ensure the appropriate center is notified the subject is enroute..26 For further information on confirmation prior to arrest see policy 74.1 Service of Criminal Process and Civil Arrest Orders. ____________________ Robert A. Hardwick Sheriff Arrest Procedure 1.5 Page 4 of 4