DM 06.01 - Arrest Procedure.pdf

AURORA POLICE DEPARTMENT DIRECTIVES MANUAL 06.01 Title: Arrest Procedure Approved By: Vanessa Wilson, Chief of Police Effective: 09/01/1998 Revised: 01/17/2022 Associated Policy: DM 06.05,06.09,08.10,08.20,11.02 References: CRS 16-3-102, 16-3-405,18-8-405,19-2-508 Forms: 073,196,197; City Code 2-234...

AURORA POLICE DEPARTMENT DIRECTIVES MANUAL 06.01 Title: Arrest Procedure Approved By: Vanessa Wilson, Chief of Police Effective: 09/01/1998 Revised: 01/17/2022 Associated Policy: DM 06.05,06.09,08.10,08.20,11.02 References: CRS 16-3-102, 16-3-405,18-8-405,19-2-508 Forms: 073,196,197; City Code 2-234(b) Review: APD Legal Advisor 6.1 ARREST PROCEDURE 6.1.1 Arrest without a Warrant Page 1 of 11 Members will immediately notify a supervisor or Patrol Lieutenant whenever an arrest without a warrant is made, unless the individual is released on a summons at the scene. All affidavits for arrest without a warrant must be approved prior to processing or booking an arrestee into the Aurora Detention Center. Warrantless arrest affidavits should be approved by the initiating member’s District Lieutenant Watch Commander. In the absence of a Lieutenant Watch Commander, the affidavit may be approved by the acting District Watch Commander or the member’s sergeant with notification to the Watch Commander. Affidavits prepared by detectives will be approved by their immediate supervisor or detective lieutenant when available. Detectives may get approval from a Watch Commander after hours. Officers may arrest without a warrant only upon the determination that probable cause exists to believe that a crime was committed and that the individual to be arrested committed the crime or for a crime committed in the officer's presence. Prior to such arrest, officers will investigate the facts leading to the arrest. The investigation should include, if possible, identification of all witnesses and suspects, interviews of persons who may have pertinent information and crime scene / evidence protection and preservation. A member affecting a warrantless arrest will document the incident fully and accurately in the Versadex Records Management System according to Directive 8.10 - Reports prior to the officer returning to service. When the call load dictates a need for the member to return to service immediately, a supervisor may override this requirement, but will ensure that all reports related to the warrantless arrest are completed prior to the member terminating his/her shift. Prior to returning to service the member must provide Detention Center personnel the name and contact information for the member responsible for completing the paperwork. Aurora Detention Center personnel are responsible for the taking of photographs and fingerprints of persons processed through the Aurora Detention Center. Policy regarding the processing of detainees is established by the Aurora Detention Center. Directive Manual (Revised: 01/17/2022) 06.01 ARREST PROCEDURE 6.1.2 Page 2 of 11 Release of Adults Arrested without a Warrant When an adult is arrested without a warrant, the individual should be released as soon as possible if one of the following circumstances exists: The arresting officer no longer believes probable cause exists to support the allegation against the individual. A Patrol Lieutenant must promptly review the facts of the case and determine whether probable cause no longer exists. If so, the lieutenant should approve the detainee’s immediate release. The Patrol Lieutenant will ensure that a supervisor prepares a supplemental report, thoroughly documenting the circumstances and reasons that led to the determination that probable cause no longer existed and the date and time of the release from custody. The offense for which the person was arrested is a misdemeanor or petty offense that allows incarceration and the arresting officer is reasonably satisfied that the person arrested will obey a summons commanding his/her appearance in court at a later date. The individual may be processed through the Aurora Detention Center to obtain current identification information prior to the issuance of a summons. Upon issuance of a summons to appear, the individual may be released. The arresting officer will issue the summons to the detainee and advise the individual of the court date and location to appear. Persons arrested for any crime or offense, the underlying factual basis of which includes an act of domestic violence, will not be released at the scene of the alleged crime. In all cases involving domestic violence, the arrestee will be brought before a judge prior to release, unless appropriate bond is posted. In all other cases, adults arrested without a warrant will be held for bond in accordance with the bond schedule maintained by the Aurora Detention Center. Upon the posting of the bond, the arrestee will be advised of the assigned court appearance date and the location of the court prior to release. All required documents pertaining to the arrest will be delivered to the appropriate prosecuting attorney prior to the first court appearance. 6.1.3 Release of Juveniles Arrested without a Warrant Juveniles detained for a status offense (runaway, curfew, possession of alcohol under age, etc.) will not be processed through the Aurora Detention Center unless the individual is flagged as a “No More Summons” juvenile or as a SHODI. Juveniles detained for a status offense should be issued a summons to appear and released to a responsible parent/guardian, an adult residing with the juvenile or other responsible adult. The officer will advise the adult of the date and location of the court appearance. Juveniles temporarily detained for a delinquent act constituting a felony, class 1 misdemeanor, driving under the influence of alcohol or drugs or an act, the underlying facts of which constitute an act of domestic violence will be processed through the Aurora Detention Center. Directive Manual (Revised: 01/17/2022) 06.01 ARREST PROCEDURE Page 3 of 11 If appropriate, the juvenile will be issued a summons for the delinquent act and released to a responsible parent/guardian, an adult residing with the juvenile or another responsible adult. In all cases, the detaining officer will obtain and document identifying information (name, date of birth, address, telephone numbers) of the adult accepting custody of the juvenile. In the event the investigating officer determines the juvenile should be placed in a detention or temporary holding facility, the officer will contact the juvenile screening team for the judicial district with jurisdiction to determine the appropriate placement. All documents pertaining to the temporary custody will be delivered to the appropriate prosecuting attorney prior to the juvenile detention hearing. Should the detaining officer determine that probable cause no longer exists to support the allegation against the juvenile; the officer will immediately notify a Patrol Lieutenant. The Patrol Lieutenant will review the facts of the case prior to authorizing the release of the juvenile. The officer may then release the juvenile to a responsible parent/guardian, adult residing with the juvenile or other responsible adult. 6.1.4 Record Corrections In the event an investigation leads a member to believe that probable cause no longer exists to believe that an arrested subject committed a crime or that an error was made in arresting the subject, the member will immediately report the facts of the discovery to a Patrol Lieutenant or appropriate Command Officer. If the Command Officer is in agreement that probable cause has dissipated or cannot be substantiated, the subject will be released. When it is determined that probable cause for the arrest cannot be substantiated and the subject has already been processed through the Aurora Detention Center, an immediate request to correct the subject’s record will be submitted to a Records Unit Supervisor. Requests made within two hours of processing may be corrected without further approval from the chain of command. When the time period exceeds two hours, a formal request through the Chief of Police or designee is required. Whenever a person is released because probable cause dissipated or could not be substantiated, the reviewing Patrol Lieutenant will ensure that a supplemental report is completed that accurately describes the details leading to the release. The Patrol Lieutenant will commence an initial inquiry into the incident. At a minimum, when errors of this nature occur, the incident will be documented in the arresting member’s Performance Appraisal File. 6.1.5 Arrest Warrants Members will not execute a “no-knock” warrant. A “no-knock” warrant means a warrant that does not require the member serving the warrant to provide notice of the member’s authority and purpose before forcibly entering a premise. All execution of warrants must be “knock and announce.” Directive Manual (Revised: 01/17/2022) 06.01 ARREST PROCEDURE Page 4 of 11 Members will advise the Records Section of all warrant arrests, so warrants may be confirmed when necessary, and, in all cases, locates and dispositions provided to the entering agencies. Three categories of warrants are entered into CCIC. 1. CICJIS (Colorado Integrated Criminal Justice Information System) warrants entered into CCIC electronically by the county and district courts do not require confirmation. CICJIS warrants are issued for felony, misdemeanor, and traffic charges and may or may not be extraditable from the City of Aurora. 2. Non-CICJIS warrants are entered into CCIC electronically or manually by municipalities and counties and may or may not require confirmation as indicated on the warrant. Non-CICJIS warrants are issued for felony, misdemeanor, and traffic charges and may or may not be extraditable from the City of Aurora. 3. Municipal Probable Cause Warrants. When a summons is prepared for a municipal warrant and the warrant is signed by the judge, the municipal court will have the warrant placed into CCIC. If the person is arrested before the warrant is placed in CCIC, Records will send the summons to the jail for issuance to the party. Warrants entered into NCIC require confirmations when they are extraditable from Aurora. NCIC warrants are issued for felony, misdemeanor, and traffic charges, and may or may not be extraditable from the City of Aurora. Requirements and extradition limits are explained in the Headers, Miscellaneous (MIS) fields, and Extradition Limitation (EXL) fields of CCIC and NCIC warrants. Department members needing confirmation for a warrant(s) must contact the Records Unit for needed action. Records Unit members are the only APD members with authorization and permissions to complete this task. Arrest Warrants will be executed by sworn law enforcement officials only. 6.1.6 Aurora Municipal Arrest Warrants During the hours the Aurora Municipal Court is open for business, persons who are arrested and able to immediately post the required bond or pay the fine may be taken directly to the Municipal Court. Whenever possible, custody of the arrestee will be transferred to the City Marshal who will ensure the bond is posted and/or the fine is paid. When the Municipal Court is not in session (nights, weekends and holidays) all persons arrested on a Municipal Warrant may post bond in the Aurora Detention Center. Officers will complete the necessary report(s) before returning to duty. 6.1.7 Warrants Initiated by Other Jurisdictions Persons arrested for warrants initiated by another jurisdiction may be incarcerated in the Aurora Detention Center. When practical and before jailing the person at the Aurora Detention Center all reasonable efforts should be made by the arresting officer Directive Manual (Revised: 01/17/2022) 06.01 ARREST PROCEDURE Page 5 of 11 to arrange for the arrestee to be turned over to a representative of the agency initiating the warrant. The arresting/transporting officer will complete a General Offense Report detailing the reasonable suspicion for the contact and the warrant confirmation information (not necessary for CICIJIS warrants). The transfer of the detainee to another agency will be documented in the report and will include the name and officer ID number of the receiving jurisdiction. 6.1.8 Juvenile Warrants When a juvenile is taken into custody on an Aurora Municipal Warrant, a Promise to Appear Form should be utilized in lieu of detention, when possible. The juvenile will be released on a Promise to Appear to a responsible parent/guardian, an adult residing with the juvenile or other responsible adult. The detaining member will explain the charge, court appearance date and time and location of appearance to the accepting adult. In addition, the detaining officer will explain the requirement for a parent/guardian to appear with the juvenile. In all cases, the detaining officer will obtain and document identifying information (name, date of birth, address, telephone numbers) of the adult accepting custody of the juvenile and the parent/guardian (if different from the accepting adult). If a juvenile is taken into custody on a District Court warrant or a warrant initiated by another jurisdiction, custody of the juvenile should be relinquished to the appropriate jurisdiction or youth center detention facility. If a juvenile is arrested on a warrant for committing a status offense or F.T.A. for a status offense and the juvenile cannot be released on a Promise to Appear or taken to Aurora Municipal Court, the officer will contact an appropriate facility for placement in accordance with Directive 11.2.17 - Procedures for Handling Juvenile Status Offenders. Status offenses are those offenses that would not be a crime if committed by an adult (runaway, truancy, beyond parental control, minor in possession of alcohol, and curfew violations). 6.1.9 Domestic Violence Domestic violence procedures will be handled according to Aurora Police Department Directive 6.9 - Domestic Violence. 6.1.10 Summonses, Forms, and Paperwork Any issued summons(es), associated forms, and/or paperwork for an in-custody arrest or next day court arraignment will immediately be submitted to the Records Unit via the Aurora Detention Center tube system or in-person at the Records Officer Window at Police Headquarters. This will be completed when custody of the arrestee has been transferred to Detention Center personnel and before the member leaves the Aurora Detention Center/Police Headquarters. Directive Manual (Revised: 01/17/2022) 06.01 ARREST PROCEDURE Page 6 of 11 If the arrest processing occurs offsite, any summons(es), forms, and/or paperwork will immediately be taken to the Records Unit at Police Headquarters and submitted via the Records Officer Window when the member departs from the Detention facility. If any summons(es), forms or paperwork require a supervisor’s approval, the item(s) will be presented to a supervisor as soon as practical for approval. The item(s) will then be taken to the Records Unit. If a member is unable to immediately submit the summons(es), forms and/or paperwork to the Records Unit after custody of the arrestee has been transferred to Detention Center personnel, the member’s District Watch Commander must be notified for approval. The District Watch Commander will notify the Records Unit of the delay and when the summons(es), forms, and/or paperwork will be submitted. 6.1.11 Release of Handcuffed Persons Following Investigatory Stop Handcuffs are a physical restraint device that can be used during investigatory detentions (in certain limited situations) and to affect arrests. The United States Supreme Court and the Colorado courts recognize that the use of handcuffs does not necessarily convert an investigatory stop into an arrest. However, the use of handcuffs in the course of an investigatory stop is only justified when the circumstances indicate that such force constitutes a reasonable precaution for the protection and safety of the investigating officer(s). The use of handcuffs during an investigatory stop must be documented in a MDC or incident report and supported by articulated facts specific to the incident. When it is determined that the threat to the safety of the investigating officer(s) is over and/or the handcuffed person should be released without charges or pending further investigation, the detaining officer(s) shall un-handcuff/release the person without delay. As soon as practical, a supervisor must be notified concerning the circumstances of the contact and that supervisor’s name must be documented in the MDC or incident report. 6.1.12 Arrests Made in Civil Matters The Aurora Police Department makes civil arrests only for warrants issued by a court of competent jurisdiction for civil contempt or for violation of valid restraining orders. In these instances, sworn members will only make arrests in accordance with Directive 6.1 - Arrest Procedure, Directive 6.9 - Domestic Violence or Directive 8.20 Restraining Orders. 6.1.13 Incidents Involving a Bail Bondsman The actions of a bail bondsman are civil. It is the result of a contract between the bail bondsman and the suspect in question. Bail bondsman and bounty hunters are not police officers or government agents and do not have the same constitutional constraints upon them as police officers do. Officers expose themselves to liability issues and can be sued for improper actions taken to arrest a suspect unless there is a valid warrant and appropriate lawful measures are taken to serve the valid warrant. The Aurora Police Department will not provide assistance to, nor be dispatched to requests for assistance from bail bondsman, bounty hunters, or other private parties for the purposes of arresting a suspect involved in a private contract between both parties. Directive Manual (Revised: 01/17/2022) 06.01 ARREST PROCEDURE Page 7 of 11 In the event that officers become inadvertently involved with these private entities during a civil action, officers will be cautious in their delivery of services. Officers will determine if any criminal laws have been violated. If there is criminal activity, officers will notify a supervisor and take appropriate action. If there is no criminal activity, officers will only assist in determining whether there is a valid warrant for the arrest of the suspect, and that extradition is authorized. If a legitimate warrant does exist, the officers will dismiss the private parties from the area and follow normal protocols and procedures to enforce a legitimate warrant for the suspect’s arrest. All APD directives will be followed. 6.1.14 Search Incident to Arrest When an individual is placed under custodial arrest by a sworn member, incident to that arrest a search will be performed of the arrestee's person, of any items in the arrestee's immediate possession at the time of arrest and, if appropriate, of the area immediately around the arrestee at the time they were arrested. The search of the area around the arrestee will be performed immediately after formal arrest while the arrestee is still present and should not extend beyond the area within the arrestee's immediate control at the time of arrest. When a custodial arrest is made of an occupant/recent occupant of a vehicle, officers may search the vehicle incident to arrest only if the arrestee is unsecured (i.e., un-handcuffed, not secured/restrained by officers, not placed in a patrol vehicle) and within reaching distance of the passenger compartment at the time of the search or when probable cause exists to believe the vehicle contains evidence of the offense of arrest. When these justifications are absent, a search of an arrestee’s vehicle will be unreasonable unless officers obtain a search warrant for the vehicle or when an officer can articulate that another exception to the warrant requirement applies, such as when a vehicle inventory is justified or a consent to search is given. If a search of the vehicle incident to arrest is justified, officers may look anywhere in the passenger compartment (or its functional equivalent) of the vehicle including any closed containers found within. For additional searching procedures see department Directive 6.5 - Transportation of Detainees. 6.1.15 Strip and Body Cavity Searches The Aurora Police Department strongly discourages the use of strip searches in any area other than the Aurora Detention Center. However, under extraordinary circumstances it may become necessary to conduct searches of this nature, based on probable cause, for the safety of officers or to secure evidence of criminal activity. In all cases, strip searches will be conducted according to CRS 16-3-405: Strip Searches - when authorized or prohibited. This statute covers searches with or without a warrant. For purposes of this section, and in accordance with CRS 16-3-405(a), “strip search” means having an arrested person remove or arrange some or all of his or her clothing Directive Manual (Revised: 01/17/2022) 06.01 ARREST PROCEDURE Page 8 of 11 so as to permit a visual inspection of the genitals, buttocks, anus, or female breasts of such person. Strip Searches: Any strip search of an adult or juvenile will require the completion of APD Form 196 and documentation in a written report as required under Directive 8.10 Reports. The form will be filled out completely and an authorizing signature will be obtained prior to the search. The form can be found in the directive management system. In instances involving juveniles, the juvenile’s parent or legal guardian will be contacted and asked to come to the appropriate district station or other facility. All strip searches must be performed by a person of the same sex as the arrested person and in an area where the search cannot be observed by a person not physically conducting the search. If a strip search must be performed on a transgender detainee, it will be conducted by an officer of the same sex as the detainee’s genitalia. No transgender or intersex individual shall be searched or examined for the sole purpose of determining what genitalia the individual possesses. If it is necessary to determine what genitalia the individual possesses, it may be determined during conversations with the person or by reviewing official records. Any officer(s) serving as backup to the officer conducting the strip search will position themselves outside of the strip search room, ready for immediate entry should problems arise. In the event an arrestee becomes combative during the search, the gender issues and number of people involved in the search will no longer apply until such time as the arrestee’s actions are controlled. After the search, officers are responsible to ensure the subject is fully clothed and prepared for movement prior to leaving the search area. Body Cavity Searches: All body cavity searches of an adult or juvenile, other than searches of the oral cavity (mouth), absolutely require the prior issuance of a search warrant. A body cavity search of any area other than the mouth will also require the completion of APD Form 197 and documentation in a written report as required under Directive 8.10 Reports. The form will be filled out completely and an authorizing signature will be obtained prior to the search. The form can be found in the directive management system. Should emergency medical treatment be required, officers will request AFD. If the medical emergency should result in the removal of evidence from a body cavity to protect the life or safety of the prisoner, that evidence should be secured, preserved Directive Manual (Revised: 01/17/2022) 06.01 ARREST PROCEDURE Page 9 of 11 intact at the point of removal, and not further examined or tested until a warrant is obtained. A body cavity search (with the exception of the mouth) will be performed under sanitary conditions, in an area where the search cannot be observed by a person not physically conducting the search, and will only be performed by a licensed physician or nurse. The licensed physician or nurse will follow his/her applicable protocol for the body cavity search. If the body cavity search involves a juvenile, the juvenile’s parent or legal guardian will be contacted and requested to come to the medical facility prior to the search if possible. Any officer(s) serving as backup during a body cavity search will position themselves outside of the room, ready for immediate entry should problems arise unless the physician or nurse requests the officer’s presence. In the event a subject becomes combative during the search, the officer(s) will enter the room to control the subject. Once the subject is controlled, the officer(s) will return to the position outside the room unless the safety of the physician or nurse requires the officer(s) to stay in the room to control the subject. At no time will a subject be left alone in a room. An officer, physician, or nurse must be constantly observing the subject before, during, and after the search until such time as the subject is declared medically cleared to be released or escorted from the search area by an officer. If the subject will be taken into police custody and transported, officers are responsible to ensure the subject is fully clothed and prepared for movement prior to leaving the search area. Members must be aware that any peace officer or employee of a police department who knowingly and intentionally fails to comply with any provision of Section 16-3-405, C.R.S. commits second-degree official misconduct, as defined in section 18-8-405, C.R.S. Nothing contained in this section will preclude prosecution of a peace officer or employee of a police department under any other provision of the law. Nothing in this section will be construed as limiting the statutory or common-law rights of any person for the purposes of any civil action or injunctive relief. 6.1.16 District Holding Cell and Processing Room Procedures Holding cells and processing rooms are intended for short-term placement of detainees. Holding cell rooms will be equipped with a phone, chairs and desks for the members and a secure holding area for detainees. The rooms are constructed with walls between holding cell rooms to allow separation of adults and juveniles and male and female detainees. Directive Manual (Revised: 01/17/2022) 06.01 ARREST PROCEDURE Page 10 of 11 Members will maintain continuous visual observation of the detainee pending the detainee’s transfer to the detention center, release to Detoxification Center staff, transportation to another facility, or until released. All sworn members will receive initial training on holding cell procedures in their academy training. Refresher training will be provided at least once every four years. The following procedures will be adhered to when utilizing the holding cells/processing rooms to prevent escape by the detainee and for the safety of members and detainees: Members detaining a subject in the holding cells or processing rooms must secure their weapons. Members will be cognizant at all times of officer safety concerns and will not expose their weapon to detainees. Members may retain their weapons secured in their holster while placing a detainee in or taking the detainee out of the holding cell if the detainee is handcuffed and the member has a level one or greater security holster. A level one or greater security holster is defined as a holster that is designed to secure the weapon and the operator must perform at least one function in addition to pulling the weapon to retrieve it. Members must secure their weapons in the lock boxes if the detainee is not handcuffed. Members who need to enter a holding cell with a detainee for a significant period of time (more than just placing in or taking out); will secure their weapons in the provided lock boxes. At least two members should be present in these instances. Members may secure their weapons in the lock boxes at their discretion whenever they feel it is necessary. Members will search detainees and visually inspect the area for contraband items or potential weapons prior to placing a detainee in the cell/room. Members will visually inspect the area for contraband items and potential weapons following the removal of a detainee. Holding cells and processing rooms are not equipped with duress alarms. Members requiring assistance will notify communications via verbal or digital radio communication, or telephone. Detainees requesting access to a restroom/water will be escorted to the nearest facility as soon as practical and when it will not interfere with processing and the collection of evidence. Detainees will not be supplied with meals. Detainees will remain handcuffed behind their back while in the holding cells/processing rooms unless freeing the detainee’s hands is required for processing or other administrative tasks. Detainees will not be secured in any fashion to any fixed object. Directive Manual (Revised: 01/17/2022) 06.01 ARREST PROCEDURE 6.1.17 Page 11 of 11 Members will maintain physical sight and sound separation of males, females and juveniles at all times while using the temporary holding cells. Separation between adults and juveniles is required for processing rooms. Only those members directly involved with the incident related to the detainee(s) should be allowed in the area. Visitors of the detainee will not be allowed in the holding cell area. Members will complete the Holding Cell Log, APD Form 073, for all persons detained in a holding cell, regardless of the duration or the purpose of the detention. Processing rooms do not have such a log. District Holding Cell Procedures for Juveniles In addition to the listed procedures for holding cells, members will take special precautions when dealing with a juvenile detainee. Juveniles detained for a delinquent act may be held up to six hours, for processing purposes only, in an area that is sight and sound separated from adult detainees. The six-hour rule applies to total detention time (starts at the time the juvenile is placed in a secure custody situation and ends when the juvenile is released to a responsible adult). Secure custody includes any area that is used at any time to secure arrestees. Juvenile non-offenders or status offenders may never be held in secure custody and cannot be secured to a stationary object. Whenever a juvenile is detained in the holding cell area, the member will complete the Holding Cell Log, APD Form 073, regardless of the duration or the purpose of the detention. All juvenile detainees will be continuously monitored and supervised by the detaining member.