OMS 104.00 Arrests.pdf

OPERATIONS MANUAL D E N V E R P O L I C E D E P A R T M E N T 104.00 ARRESTS REVISED: 6/28/2024...

OPERATIONS MANUAL D E N V E R P O L I C E D E P A R T M E N T 104.00 ARRESTS REVISED: 6/28/2024 PAGE: 1 OF 85 104.01 GENERAL ARREST PROCEDURES ARREST: A seizure or forcible restraint; an exercise of the power to deprive a person of his or her liberty; the taking or keeping of a person in custody by legal authority, especially, in response to a criminal charge. Definition from West’s Encyclopedia of American Law, edition 2. Copyright 2008. The Gale Group, Inc. The purpose of an arrest is to bring the arrestee before a court or otherwise secure the administration of the law. Investigatory stops or detentions are not considered arrests but must be limited and temporary, lasting no longer than necessary to carry out the purpose of the stop or detention. An investigatory stop that lasts too long turns into a de facto arrest that must comply with the warrant requirements of the Fourth Amendment. There is no clear line that distinguishes the point at which an investigatory stop becomes a de facto arrest, as courts are reluctant to hamstring the flexibility and discretion of police officers by placing artificial time limitations on the fluid and dynamic nature of their investigations. Rather, the test is whether the detention is temporary and whether the police acted with reasonable dispatch to quickly confirm or dispel the suspicions that initially induced the investigative detention. (1) ARREST BY PEACE OFFICER. A PEACE OFFICER MAY ARREST A PERSON WHEN: a. There is a warrant commanding that such person be arrested; or b. Any crime has been or is being committed by such person in the officer’s presence; or c. There is probable cause to believe that an offense was committed by the person to be arrested. An arrest warrant must be obtained when possible. Officers have the right to make a warrantless arrest when exigent circumstances exist (i.e., urgent, critical or those that require immediate action). d. Arrest authority does not extend to officers on suspended status. (2) ARRESTS – GENERAL GUIDELINES: a. All officers will comply with the operations manual and existing procedures or directives governing arrests, use of force, and reporting of the same. b. Officers will not make arrests for offenses when a warning or citation would suffice c. Arrest and release – reasons Individuals may be arrested and subsequently released, without being incarcerated, for reasons that include, but are not limited to the following: 1. An arrest was made on the mistaken identity of the person. 2. An arrest warrant has been recalled or previously served without the officer’s knowledge. 3. Subsequent to an arrest but prior to incarceration, the officer determines that probable cause no longer exists to make an arrest. d. Arrest and release - procedures Officers will not place a person under arrest and subsequently release the same individual without fulfilling at least one of the following obligations: 1. Serve the arrested party with an order-in citation; or 2. Seek the approval of a higher-ranking officer prior to releasing the individual. The approving officer must be satisfied that there are no adequate grounds for criminal O P E R A T I O N S M A N U A L D E N V E R P O L I C E D E P A R T M E N T 104.00 ARRESTS PAGE: 2 OF 85 complaint against the arrested person prior to their release. At minimum, the approving officer must be from the rank of lieutenant, or in the absence of an on-duty lieutenant, the officer’s sergeant can make the approval but must notify the lieutenant in their chain of command by leaving documentation of the incident for the lieutenant to review. The arrested party, description of the incident and name of the approving command officer will be documented by the arresting officer in the form a street check. Officers will select the appropriate reason code (Released from Custody) when completing the street check. Documentation must be completed prior to end-of-shift. 3. Officers working secondary employment must comply with #2 above and provide the required documentation to the responding on-duty lieutenant or sergeant. (3) JURISDICTION: Denver police officers are peace officers within the State of Colorado as described in CRS §16-3-110. Where the department does not have the original jurisdiction, officers will not take enforcement or investigative action on any case except arrests with Denver warrants, exigent/emergency situations such as misdemeanor or felony crimes occurring in their presence, fresh pursuit, or in conjunction with authority granted through a multi-jurisdictional group. a. Arrest warrants: Officers will be accompanied by the appropriate jurisdiction when attempting a warrant arrest outside the jurisdictional boundaries of the City and County of Denver. b. Exigent circumstances: Denver police officers, who are outside the jurisdiction of the City and County of Denver, upon observing the commission of a misdemeanor or felony, may intervene and detain the suspect. Appropriate discretion will be used when deciding whether to act in such situations. The local law enforcement agency having jurisdiction will immediately be notified and any person arrested will be released to their custody. Denver police officers will complete any reports required by the local law enforcement agency. c. Fresh Pursuit: 1. Based on CRS §16-3-106, if in fresh pursuit of a suspect (arrest warrant, offense committed in officer’s presence, reasonable grounds to believe alleged offender committed offense), police officers may pursue persons across their jurisdictional boundary, and: Arrest the suspect; or Issue a summons and complaint; or Issue a notice of penalty assessment (Not used in Denver) 2. After pursuit and upon an arrest in a county other than Denver, the suspect will be returned and booked in the Denver Detention Center. It is not necessary to have the suspect booked into the jail in the county where apprehended; however, as a matter of courtesy the appropriate agency in the jurisdiction will be notified. 3. Any crime the suspect might have committed while being pursued in another county would be considered a continuing criminal episode, which may be included along with the original charge and tried in Denver County or Denver District Court. See CRS §18-1-202(7)(a). d. Notification: 1. On-duty Denver police officers making an arrest outside Denver's jurisdiction that does not involve fresh pursuit will as soon as practical report their actions to their supervisor (or suitable designee). O P E R A T I O N S M A N U A L D E N V E R P O L I C E D E P A R T M E N T 104.00 ARRESTS PAGE: 3 OF 85 2. Off-duty Denver police officers making any arrest will as soon as practical report their actions to their supervisor (or suitable designee). (4) MECHANICS OF ARREST CONTROL, SEARCHING AND TRANSPORTING – GUIDANCE: Reference can be made to the mechanics of arresting, searching, and the transporting of arrestees in the Denver Police Arrest and Control Techniques and Defensive Tactics (ACT) Manual and all relevant training bulletins. (5) ARREST - WHEN AND HOW MADE (CRS §16-3-101): a. An arrest may be made on any day and at any time of the day or night. b. All necessary and reasonable force may be used in making an arrest. c. All necessary and reasonable force may be used to effect an entry upon any building or property or part thereof to make an authorized arrest. (Federal property arrests: see OMS 104.14) (6) WARRANTLESS ARRESTS - STATEMENT OF PROBABLE CAUSE REQUIRED: Whenever a person is arrested and jailed without a warrant, or placed in the Gilliam Youth Services Center, a Statement of Probable Cause (DPD 287) for the arrest must be submitted to the court (see Investigative Hold procedures OMS 104.04). For applicable charges, officers will complete a Unified Summons and Complaint. See OMS 104.03. (7) ARRESTEE’S RIGHTS: A person has the right to know for what they are being arrested, and to be advised of their rights when required (e.g., custodial interrogation). (8) STOPPING OF SUSPECT (CRS §16-3-103): A peace officer may stop any person who the officer reasonably suspects is committing, has committed, or is about to commit a crime, and may require the person to show identification. Officers have the right to ask the following: a. Name b. Address If the person is driving a motor vehicle, officers may ask for: 1. Driver license 2. Vehicle registration 3. Proof of insurance c. An explanation of the individual’s actions (i.e., where they are coming from or going to). The person does not have to reply, but refusal to provide identification is grounds for charging DRMC 38-81(c) Interference with Police Authority. The stopping itself will not constitute an arrest. d. In lieu of arrest, suspects who are stopped for which it is determined that probable cause exists to arrest may, at the officer’s discretion and suspect’s agreement, be diverted to the Assessment Intake Diversion (AID) Center for certain charges. (See OMS 116.01) (9) IDENTIFICATION OF SUSPECTS – SEE OMS 104.26. (10) UNAUTHORIZED MOVEMENT OF SUSPECTS: Do not return detained or arrested suspect(s) to the scene of a crime or allow them to return to their home, room, vehicle, or elsewhere on any pretext without the consent of a supervisory officer. All suspect(s) must be kept separated. (11) GENERAL RULES REGARDING SEARCHES: There are rules regarding searches of a person, their home, and their car. Generally, a police officer may search only (except for certain exigent or emergency situations): a. With the person's permission – See OMS 107.01 (12) O P E R A T I O N S M A N U A L D E N V E R P O L I C E D E P A R T M E N T 104.00 ARRESTS PAGE: 4 OF 85 b. With a search warrant – See OMS 107.01 c. When an arrest is made – see section (13 to 15) (12) SEARCHING FOR WEAPONS – STOP AND FRISK: When a peace officer has stopped a person for questioning and reasonably suspects that their personal safety requires it, they may conduct a limited search, or “FRISK” by patting down the outer clothing for weapons. a. If a FRISK reveals what feels like a weapon, he/she may search for and remove it from the clothing. Upon removal of the item, the officer may seize it if is determined to be: 1. A weapon 2. Contraband (Possession of any illegal item) 3. Stolen goods b. If the FRISK reveals an illegal weapon or illegally concealed weapon, the officer will have cause to arrest and make a full search of the person and the immediate area within the person's reach. c. At the conclusion of a "stop and frisk", the officer must arrest the person or tell the person that he/she is free to leave and allow them to do so. With the person’s consent, officers may still question the individual. d. Lawful items temporarily seized for safety reasons during the limited search for weapons will be returned to the person, or in the event of an arrest/custody, or ongoing investigation, will be placed in the Evidence and Property Section. (13) SEARCHING PERSONS OF THE OPPOSITE GENDER: a. State and Federal laws do not require an officer to be the same gender as the person being searched. Situations may occur where an officer may need to search an individual of the opposite gender. Officers must be able to articulate the need to search a person of the opposite gender and are responsible for searching in the prescribed manner. When practical, individuals will be searched by officers of the same gender. b. Department personnel will not unnecessarily search any individual, especially those of the opposite gender. Common sense and good judgment must prevail regarding the manner and level of intrusion of a search. If there is an urgent need to search an individual’s intimate areas and an officer of the same gender is not present, an officer of the opposite gender is authorized to do so only to remove a weapon. Having an officer of the same gender as the individual conduct the search may or may not be a practical. c. Considerations/criteria when deciding whether to search a person of the opposite gender: 1. Presence and/or immediate availability of an officer of the individual’s gender to conduct the search 2. Type of crime committed 3. If a weapon used in the commission of the crime 4. Knowledge that the person is carrying or has carried weapons in the past 5. Type of clothing worn by the individual (capable of concealing a weapon) 6. Level of intrusion deemed necessary 7. Other potential exigencies or factors 8. General efficiency necessary in handling a given situation 9. The individual’s gender identity d. Secondary search: If necessary to help ensure safety after a search by an officer of the opposite gender, an officer of the same gender as the suspect should as soon as practical conduct an additional search. An individual should not be left unsupervised until after receiving a full search. e. Male officer - female individual: O P E R A T I O N S M A N U A L D E N V E R P O L I C E D E P A R T M E N T 104.00 ARRESTS PAGE: 5 OF 85 Without specific knowledge or belief that a weapon is positioned, or possibly positioned in an intimate area, the search would be slightly modified: 1. Front waistband, front pocket (avoiding the groin area) 2. Front stomach area (below the bra), side and arms, back area, back waistband 3. Back pockets, legs f. Female officer - male individual: Without specific knowledge or belief that a weapon is positioned, or possibly positioned in an intimate area, the search would be slightly modified: 1. Front waistband, front pocket (avoiding the groin area) 2. Front stomach and chest area, side and arms, back area, back waistband 3. Back pockets, legs g. For transgender individuals - see OMS 104.10 (14) SEARCHES INCIDENT TO ARREST AND TRANSPORT: a. Searches incident to arrest: All individuals taken into custody must be searched for weapons and contraband, while ensuring that it is done in a reasonable and appropriate manner. b. Searches following arrest and transport: 1. After an individual has been arrested, officers will search the scene of the arrest for weapons, contraband, or evidence that may have been concealed, dropped, or thrown away by the arrestee. 2. After an individual has been transported in a police vehicle, or when transported by scout van and the arresting officer is present when the arrestee is unloaded, the vehicle will be searched by the officer for any weapons or evidence that the suspect may have discarded therein. (15) HANDCUFFING JUVENILES, THE ELDERLY, OR THOSE WITH AN INTELLECTUAL/DEVELOPMENTAL DISABILITY: a. Officers will not handcuff or utilize any other restraint devices on an individual who they reasonably believe is 12 years of age or younger and should give due regard to the age and physical condition of the arrested person. Additionally, no student (K-12) will be handcuffed on school grounds, in a school vehicle, or at a school activity or sanctioned event unless they are applied to execute a custodial arrest that requires transport. Exceptions to this include individuals suspected of a felony, or when the officer has a reasonable belief that the person may resist, attempt escape, or is a risk to themselves or others. Officers can also use discretion based on the nature of offense as well as the demeanor, physical ability, and size of the individual. b. Other considerations: 1. Unless one of the above-mentioned considerations is met, individuals being taken into custody for a status offense only will not be handcuffed. 2. All individuals who are to be taken into custody, regardless of the decision to handcuff, will be searched consistent with OMS 104.01(12-14). 3. Ultimately, the decision to handcuff rests with the officer on scene. However, the officer will articulate the reason(s) why they chose to handcuff an individual in one of these groups. 4. Documentation of the decision to handcuff should be noted in the General Occurrence (GO) report or in a street check. (16) STRIP SEARCHES OR BODY CAVITY SEARCHES - WHEN AUTHORIZED OR PROHIBITED (CRS §16-3-405): a. "Strip search" means having an arrestee remove or arrange some or all of his or her clothing so as to permit a visual inspection of the genitals, buttocks, anus, or female breasts of such person. O P E R A T I O N S M A N U A L D E N V E R P O L I C E D E P A R T M E N T 104.00 ARRESTS PAGE: 6 OF 85 b. No individual arrested for a traffic or a petty offense will be strip searched, prior to arraignment, unless there is a reasonable belief that the individual is concealing a weapon or a controlled substance, or that the individual, upon identification, is a parolee or an offender serving a sentence in any correctional facility in the state or that the individual is arrested for driving while under the influence of drugs. c. Any strip search conducted will be performed by an officer of the same sex as the arrestee and on premises where the search cannot be observed by persons not physically conducting the search. d. Every officer seeking to conduct a strip search will first obtain the written permission of the police commander or an agent thereof designated for the purpose of authorizing a strip search. A command officer, sergeant, or acting sergeant is delegated the authority to give written permission. e. No search of any body cavity other than the mouth will be conducted, without first obtaining a search warrant. In cases where a person is suspected of having secreted narcotics or contraband in a body cavity, assistance will be obtained through Denver 911 from an available or on-call Vice/Narcotics Section supervisor or district narcotics unit supervisor, and the on call deputy district attorney from the Denver District Attorney's Office. 1. Written permission will be required from a police command officer or an agent thereof authorizing the body cavity search. 2. The search must be performed under sanitary conditions and conducted by a licensed physician or nurse. f. Written permission for a strip search will be obtained on Strip Search Authorization (DPD 81). The completed form will be retained by the police department and will be maintained in the detective’s case filing. (17) TRANSPORTING ARRESTEES: a. Scout van: The scout van will be used to transport arrestees whenever possible. Juveniles may be transported in the scout van only in an emergency situation with a supervisor's permission. b. Police vehicle with cage: When a police vehicle is used for transport and is equipped with an arrestee cage, all arrestees being transported will be handcuffed and placed within the cage. Arrestees will be secured with a safety restraining device unless, by their resistance or non-cooperation, this is neither practical nor safe for the officer. c. Police vehicle without cage: 1. One officer vehicle: When it is necessary or advisable to transport an arrestee in a solo officer car, the handcuffed individual will be secured with a safety restraining device while sitting in the front seat and to the right of the officer. All necessary precautions will be taken by the officer. 2. Two officer vehicle: When transporting an arrestee in a two officer car, the handcuffed arrestee will be secured with a safety restraining device while seated in the right rear seat. One officer will always be seated to the left of the arrestee and directly behind the officer driver. All necessary precautions will be taken by both officers. d. Male officers transporting female arrestee: When females are transported by a male officer, the dispatcher will be notified of the vehicle unit number, starting mileage, and destination. Upon arrival, the officer will give the ending mileage. e. Transporting males and females together: O P E R A T I O N S M A N U A L D E N V E R P O L I C E D E P A R T M E N T 104.00 ARRESTS PAGE: 7 OF 85 1. Males and females will not be transported together in a scout van or police vehicle unless they are husband and wife, or when the vehicle has accommodations for separation and such separation is used. 2. A husband and wife will not be transported together in a scout van or police vehicle when one or both are the reported victim of a crime committed by the other. f. Transporting arrestees to DHMC: If an arrestee is not booked, but is sent to Denver Health Medical Center with a hold order, the following procedure will apply: 1. All patients who are on a Denver Police Department hold for arrest who are, or who indicate they may become combative will be handcuffed and transported with an officer accompanying the patient in the ambulance en route to the hospital. All other patient/arrestees on a Denver Police Department hold will be handcuffed and transported via ambulance with an officer following directly behind the transporting ambulance. The patient/arrestee will remain the responsibility of the Denver Police Department officer until custody is transferred to the Denver Sheriff Department at Denver Health Medical Center (DHMC). 2. Searching of the patient/arrestee prior to transport will be the responsibility of the arresting officer unless it would interfere with the necessary medical treatment. In the event that a search cannot be accomplished, an officer will accompany the patient/arrestee in the ambulance unless the following exception applies: Whenever a patient/arrestee in critical condition is transported from the field without an officer escort, officers will respond to DHMC to cause custody transfer to the Denver Sheriff Department. In these cases, officers will complete and distribute a Sick and Injured Report (DPD 150) per OMS 109.02 (2). g. For transgender individuals - see OMS 104.10 (18) INTERVIEWING PERSONS OF THE OPPOSITE SEX – POLICE FACILITIES: Individuals will not be interviewed alone by department personnel of the opposite sex at police facilities unless there is visibility into the room or area through glass or an open door, or a room where video monitoring equipment is present and in operation. (19) ARREST REPORTS – ON-DUTY VERSUS OFF-DUTY: a. On-duty officers will ensure that all reports are submitted according to policy prior to the end of their shift, and sooner when applicable. All reports completed on paper will be forwarded to the Identification Section or Records Unit (whichever is applicable). b. Off-duty officers, including those working secondary employment will comply as follows: 1. If the individual is jailed, the arresting officer will complete all required paperwork and give it to the on-duty transporting officer (either Denver Sheriff scout van personnel or DPD personnel). The Denver Sheriff Department will forward all reports to the Identification Section. 2. If an officer is working secondary employment and completes a paper US&C (suspect not jailed), he/she will ensure that during their secondary employment shift the US&C is given to an on-duty officer or supervisor for timely processing. 3. If the arresting officer is off-duty, but not working secondary employment, he/she will ensure that on-duty personnel respond to the scene and take custody of all reports. (20) ASSAULT, DISTURBANCE, AND OTHER CASES – ORDER-IN VERSUS INCARCERATION: Officers should, at their discretion, order-in rather than jail in assault and disturbance cases, if in their opinion: O P E R A T I O N S M A N U A L D E N V E R P O L I C E D E P A R T M E N T 104.00 ARRESTS PAGE: 8 OF 85 a. There is no danger of a continuing assault and no danger to other persons, and b. No resistance or interference to the officer involved. Prior to incarcerating a person on the charge of resistance and/or interference, the officer will receive approval from an officer of the rank of sergeant or above. Prior to giving approval, the sergeant or above will respond to the scene of the incident and evaluate the situation. The officer’s probable cause statement must include the name of the sergeant or above approving the incarceration. See OMS 105.00. NOTE: For other minor misdemeanors, officers should generally order-in rather than jail unless there is resistance or interference to the officer. Officers unsure of which action to take should contact their sergeant. (21) INTERFERENCE AND DISOBEDIENCE ARRESTS: a. Interference with Police Authority (DRMC 38-31): (a) It shall be unlawful for any person, in any way, to INTERFERE WITH OR HINDER any police officer, any member of the police department, or any person duly empowered with police authority, while such officer, member, or person duly empowered with police authority is discharging or apparently discharging their duties. 1. Enforcement guidelines – DRMC 38-31 (a): a. A subject’s actions must have actually interfered with or hindered an officer’s ability to discharge their duties (describe in probable cause statement or officer notes). Insults, profanity, or other forms of speech alone may not suffice for a successful prosecution. Running from the police, in and of itself, is not a crime and alone may not satisfy the elements of Interference, unless the officer can articulate how they were not able to reasonably conduct a necessary investigation. b. A subject must knowingly interfere with an officer’s ability to discharge their duties. When practical and safe to do so, officers may advise a subject that their actions are interfering with the officer’s ability to carry out their duties. This advisement may help illustrate a subject’s mental state but does not by itself establish the elements of interference. (c) It shall be unlawful for any person to FAIL TO OBEY A LAWFUL ORDER of a police officer if such failure interferes with or hinders such police officer in the discharge of his official duties. It is an affirmative defense to this subsection that the failure to obey did not interfere with or hinder the police officers. 2. Enforcement guidelines – DRMC 38-31 (c): a. This is a specific form of interference, resulting from a suspect’s failure to obey an officer’s lawful order. b. A subject’s actions must have actually interfered with or hindered an officer’s ability to discharge their duties and how the subject’s actions specifically interfered with the officer’s ability to discharge their duties must be described in the statement of probable cause or in the summons notes. Insults, profanity, or other forms of speech alone may not suffice for a successful prosecution. Failing to stop when an officer orders a running suspect to do so may not adequately satisfy the elements of disobedience to a lawful order unless the officer can articulate how they were not able to reasonably conduct a necessary investigation. c. An officer must be lawfully present at the scene or inside a location. d. The order itself must be lawful. For example, an order to leave a public area is generally not a lawful order as the public has the right to be there. However, if an O P E R A T I O N S M A N U A L D E N V E R P O L I C E D E P A R T M E N T 104.00 ARRESTS PAGE: 9 OF 85 officer has legitimate grounds on which to base an order for someone to leave a public area (such as an evolving crime scene where evidence could be lost or destroyed if the public is permitted to remain in the area) this fact should be clearly articulated in the probable cause statement or notes on the summons in event of an order-in. e. Additional guidelines regarding Orders: Ordering a person to leave an area, and then arresting the same person at the same location sometime later for disobeying the order to leave, is not sufficient probable cause for an arrest due to the passage of time. Also, an order to open the door when an officer responds to a location and there are no exigent circumstances which would require the occupant to open the door is not a lawful order because the occupant was not required to open the door. b. Officer narratives in probable cause statements or in the summons notes should at a minimum describe the following: 1. How the officer came to be at the scene and/or inside the location. 2. The specific suspect’s actions and/or statements and how those specific actions and/or statements prevented the officer from being able to perform their duties. 3. Any information that shows the suspect knew or reasonably should have known they were interfering with the officer or officer’s ability to discharge their duties. 4. For disobedience cases, a detailed description of the nature and circumstances of the lawful order should be articulated. (22) FUGITIVE WARRANTS – VIOLENT FELONY AND SERIOUS MISDEMEANOR ARRESTS: a. Investigation supervisors must coordinate with the Fugitive Unit on all violent felony and serious misdemeanor arrest warrants (i.e., domestic abuse cases where victim remains in imminent danger, sexually or biased motivated crimes, victim is a public official, pattern offense, etc.). b. In most cases the Fugitive Unit should be assigned as the primary investigative unit for fugitive apprehension. Exceptions can occur when arrests can be coordinated and executed by investigating officers having knowledge of the whereabouts of an individual being sought. Even in those instances, please deconflict with a fugitive supervisor or detective prior to coordinating your own apprehension. The on-call fugitive supervisor can be contacted through Denver 911. c. Fugitive Unit procedures: 1. At the same time a warrant is delivered electronically to NCIC, a copy must be emailed to the Fugitive Unit at [email protected]. 2. A copy of the warrant must be sent electronically, but if desired, warrants can be hand- delivered to the lock box mounted outside the door of the Fugitive Unit (Police Administration Building - room 308). 3. Call the Fugitive Unit with any questions or concerns related to the delivery of arrest warrants or fugitive apprehension. (23) FUGITIVE ARRESTS – GENERAL PROCEDURES: a. Out-of-County Warrants: 1. Except in instances of fresh pursuit, fugitives who are arrested in the City and County of Denver for other law enforcement agencies will be booked into the Denver Detention Center. 2. If there is a representative from another agency with a valid arrest warrant for a fugitive who requests that the subject be released to their custody, a command officer may approve the release if the fugitive is not wanted by Denver on a felony or probable cause warrant, and the arrest did not result in a use of force or report of injury prior to O P E R A T I O N S M A N U A L D E N V E R P O L I C E D E P A R T M E N T 104.00 ARRESTS PAGE: 10 OF 85 arrest/injury while in custody. The arresting Denver police officer will complete a General Occurrence (GO) report documenting the arrest. 3. If the individual has a valid government photo identification, or is identified using the Morpho Print reader, the individual may be jailed. 4. Prior to jailing persons wanted by other jurisdictions, the arresting officer will bring the party to the Identification Section for warrant verification and bond information. Persons with valid government issued identification can be processed at a district station for warrant verification. Persons wanted on in-state warrants will be held for that jurisdiction, (e.g., "Hold for Jefferson County Sheriff’s Department, warrant #”). 5. The arresting officer must receive a copy of the warrant, a verified signed copy of the computer want (hit), or a copy of the request for verifying computer hit information to attach to the arrest/booking slip. b. Out-of-State Warrants: 1. Whenever an individual is arrested on an out-of-state warrant, the arresting officer will complete a General Occurrence (GO) report titled, “Letter to Detective”, outlining circumstances of the arrest and routing it to the Denver Police Extradition Unit. 2. Persons wanted on out-of-state warrants will be charged with "Hold for Extradition Unit". c. Outside law enforcement agencies arresting persons who are wanted on any Denver warrant have the following options: 1. The arresting agency may process the arrestee through its own facility and later transfer the person to the Denver Detention Center by personnel of the Denver Sheriff Department. These arrangements will be made by the Denver Police Department Extradition Unit. 2. The arresting agency may bring the arrestee to the DPD Identification Section; verify identity, obtain a copy of the warrant, and deliver the arrestee to the Denver Detention Center for booking. d. Juveniles taken into custody by an outside jurisdiction: 1. Juveniles wanted by Denver for criminal offenses, but arrested in another jurisdiction, will be processed by the arresting jurisdiction. 2. Juveniles taken into custody by another jurisdiction may be transported to the custody of a Denver police officer at the city boundary if they are runaways (reported or not reported), or victims of abuse or neglect occurring in Denver. The detaining jurisdiction must contact Denver 911 to arrange transportation. e. Officers will not be sent to or agree to meet a representative of an outside agency for the purpose of accepting an arrestee for transportation to the Denver Detention Center. (24) INVESTIGATIVE FELONY ARREST PROCEDURES FOR ADULTS – SEE ALSO OMS 104.05: When an adult is arrested between the hours of 0730hrs and 1600hrs for investigation of a felony offense, the officer will contact the supervisor of the responsible investigative unit for direction. If the arrest occurs outside of normal business hours, officers should consult with detectives from the Night Shift Unit, if available, for direction. When a detective is not available, the officer’s supervisor will be consulted. Once all reports are completed for a felony arrest, the arresting officer will take the suspect to the Detention Center or arrange for transport of the arrestee by scout van. If an investigative arrest is made, the arresting officer must complete a thorough Statement of Probable Cause on the MRE system, articulating all elements of the offense in the GO report. (25) ARREST OF DENVER COMMUNITY CORRECTIONS INMATES: O P E R A T I O N S M A N U A L D E N V E R P O L I C E D E P A R T M E N T 104.00 ARRESTS PAGE: 11 OF 85 a. When called to a residential halfway house to arrest a rejected inmate who was placed by the Denver Community Corrections (DOC) Board, the responding officer(s) will search, handcuff, and transport the arrestee to the Detention Center. b. Arresting officer(s) will not be required to complete a Unified Summons and Complaint. The staff member at the halfway house will provide the officer with a completed Officer's Arrest Report (Denver Sheriff Department Form #38) showing the charge of "Hold/Violation of Probation". c. If additional violations such as resistance, disturbance, etc., occurred during the arrest and transportation of the arrestee, the transporting officer will file these charges on a Unified Summons and Complaint. d. This procedure applies only to Denver District Court Probation clients and NOT to Colorado Department of Corrections (DOC) parolees. Both agencies operate community-based corrections facilities in Denver. (26) ARREST OF DENVER POLICE OFFICERS, DENVER SHERIFFS, DENVER FIREFIGHTERS, OR ANY OTHER LAW ENFORCEMENT OFFICER: a. Whenever it becomes likely that probable cause exists to arrest or to file any charges on a Denver Police Officer, Denver Sheriff, Denver Firefighter, or any other law enforcement officer within the City and County of Denver, the Internal Affairs Section will be notified immediately to assess whether this division will handle the filing and/or charging of the officer, sheriff, or firefighter. b. Whenever a Denver Police Officer, Denver Sheriff, or Denver Firefighter is criminally charged or arrested in another jurisdiction, the Internal Affairs Section will be notified as soon as possible, if not by the jurisdiction involved, by the involved employee themselves, their supervisor, or the Denver Sheriff Department or Denver Fire Department Internal Affairs. 104.02 CITY ORDINANCE VIOLATION - CHARGING DECISIONS (1) CHARGING DECISION: The decision to charge or not charge a defendant with a violation of Denver City Ordinance will be made by the officer at the scene after available evidence has been gathered and evaluated. NOTE: See OMS 104.32 for domestic violence reporting/charging requirements. (2) INSUFFICIENT EVIDENCE TO CHARGE: If evidence is unavailable to show that a city ordinance violation has occurred, officers will tactfully but firmly explain to complainants the limits of police involvement allowed by law. a. If a person requesting police action does not accept the officer's decision, the officer will request that a supervisor respond to the scene to evaluate the situation and confer with the complainant. b. The officer will note on their log sheet the name of the responding supervisor, relevant data about the situation, and the supervisor's decision. c. Any complainant who continues to demand police action after a supervisor has deemed none to be in order will be directed to the appropriate district command officer to discuss the matter. Supervisors will provide the person with an appropriate contact number and address; and will also inform the referred command officer of the situation. d. In no instance is the person to be referred to the Denver City Attorney's Office, the Denver County Court, or to the Information Desk Unit at the Police Administration Building. O P E R A T I O N S M A N U A L D E N V E R P O L I C E D E P A R T M E N T 104.00 ARRESTS PAGE: 12 OF 85 104.03 UNIFIED SUMMONS AND COMPLAINT (US&C) (1) PURPOSE: The Unified Summons and Complaint is a legal document used whenever an adult or juvenile suspect is charged with a violation of the Denver Revised Municipal Code (DRMC) other than traffic, or designated Colorado Revised Statutes (see MRE Charging Table for state statutes that can be charged on a US&C). Generally, the electronic version of the US&C will be used. Infrequently, a paper version (DPD 777) may be used when officers do not have access to a computer, such as during secondary employment. If a paper US&C is completed by an officer that is on-duty, the officer is required to create an electronic AB, entering the exact information on the paper US&C. The officer will also create an electronic GO report detailing the criminal event and facts to prove the criminal case. See also US&C Cheat Sheet, US&C Flow Chart and Arrest Entry for US&C on DPDWeb. (2) COURT APPEARANCE DATES: Court appearances will be scheduled thirty (30) days following arrest or order-in, if such thirtieth day is a regular court day. If the thirtieth day is not a court day, the return date will be on the next court date following the thirtieth day. Return dates will not be on a Saturday, Sunday, or city holiday. Following arrest or order-in, defendants may follow up by calling the county court or appearing in person to schedule a new court date. (3) ELECTRONIC US&C – SUSPECT IDENTIFIED: Officers must positively identify the person to be served or arrested. Officers will use the MRE system and select “Add Arrest.” Entries will then be made in all applicable fields and officers will progress through the data entry process until completion. During the data entry process, officers will select the appropriate arrest type for either ordering in or jailing a subject. a. Order-In: When circumstances do not merit jailing a violator, an officer may order the person directly into court to answer charges. Print the defendant’s copy and serve. b. Jailing arrestee: Print all required reports created by the data entry process (US&C, probable cause statement / booking slip). The officer will serve the defendant’s copy and arrange for delivery of arrestee and required reports to the Denver Detention Center. 1. Any injuries to the arrestee must be documented; if there are no injuries, enter "none" on the arrest notes. 2. Arrest notes should include any voluntary statements made by an arrestee concerning infectious diseases. A notation should also be made when a subject has blood or bodily fluids present on their person or clothing. (4) PAPER US&C – SUSPECT IDENTIFIED: Officers must positively identify the person to be served or arrested. The back of page one serves as the GO report. The yellow copy is the defendants. All writing on paper copies must be done with a black ball point pen, using sufficient pressure to ensure that all handwritten information is legible on all copies. Block letters will be used except for the officer's signature. a. The GO report (back of US&C) must contain all pertinent information to prosecute the case. Ensure that all appropriate fields are completed. Officers working secondary employment will clearly designate “off-duty” on the GO portion of the US&C. b. A probable cause statement is mandatory. If additional space is needed, use Statement of Probable Cause, cont. (DPD 287A). c. To charge a defendant with an offense not listed on page one, the arresting officer will print the appropriate section number and a brief description of the violation in the space marked “other violations”. O P E R A T I O N S M A N U A L D E N V E R P O L I C E D E P A R T M E N T 104.00 ARRESTS PAGE: 13 OF 85 d. Officer named as witness: The officer completing the report will determine which involved officer is most qualified to be the prosecution witness, because of personal knowledge of the facts of the case. The name and serial number of this officer will be written in the witness field of the GO report, and will generally be the only police witness to receive a court appearance notice (see section 1 below). Endorse all officers who are needed for the successful prosecution of the case. Only testimony of a competent witness is admissible. Unless an officer has personal or direct knowledge of the facts of a case, he/she is not a competent witness in that case. e. Order-In: 1. When circumstances do not merit jailing a violator, an officer may order the person directly into court to answer charges. The officer will check the US&C box labeled "Order- In," along with the appropriate charges. 2. When the US&C is completed and indicates the date and by whom it was served, the subject will be served with the copy marked “Defendant.” 3. The remaining copy of the US&C will be forwarded to the Identification Section for scanning and data entry. 4. Officers may obtain the defendant’s right index fingerprint and affix it to the DPD copy of the US&C. f. Jailing arrestee: Deliver or arrange for delivery of arrestee and required reports (US&C, probable cause statement, booking slip) to the Detention Center. The Denver Sheriff Department will forward report copies to the Identification Section for scanning and data entry. 1. Booking Slip (back side of Probable Cause Statement): Any injuries to the arrestee must be documented; if there are no injuries, enter "none." Include any voluntary statements made by an arrestee concerning infectious diseases, or when a subject has blood or bodily fluids present on their person or clothing. (5) PAPER US&C - SUSPECT IN CUSTODY BUT NOT IDENTIFIED (JOHN OR JANE DOE): All circumstances with in-custody suspects where an officer is unable to obtain the correct name, address, place of employment, or date of birth, will be processed using a paper US&C (DPD 777). The officer will leave those spaces blank, and the Denver Sheriff Department will complete. If the suspect refuses to provide a name, the arresting officer will: a. Complete the necessary information on the front of the US&C except for the suspect information and service section. The officer will sign the US&C as the arresting officer, but will not sign the service section. b. Write “John Doe” (male) or “Jane Doe” (female) on the very top portion of the US&C to notify the Denver Sheriff Department that the name of the suspect is unknown. The officer will not create an Arrest Booking (AB) slip. c. Complete a paper booking slip and paper probable cause statement and ensure that the suspect and required documents are delivered to the Detention Center (via scout van or police transport). When the identity of the suspect is determined, sheriff personnel will complete the US&C and serve the defendant. (6) PAPER US&C - INVESTIGATIVE SECTION / UNIT PERSONNEL: All US&Cs initiated under this section by investigative personnel will be paper handwritten versions (DPD 777). If a GO report has not already been submitted, investigative personnel will complete one, outlining details of the offense/arrest. O P E R A T I O N S M A N U A L D E N V E R P O L I C E D E P A R T M E N T 104.00 ARRESTS PAGE: 14 OF 85 a. Initiating a criminal proceeding: The Unified Summons and Complaint (DPD 777) may be used by Investigative Section/Unit personnel to initiate a criminal proceeding in which a subject is charged with a misdemeanor violation of Colorado Revised Statutes. The US&C is not used to initiate any felony proceedings. b. Approval Required: US&Cs for state statute misdemeanor charges must be approved by the Denver District Attorney’s Office prior to service, with the exception of incidents involving designated state traffic statutes or misdemeanors connected with a state traffic statute (designated special state charge exceptions are in the MRE charge table). c. Order-in and release OR subject already incarcerated: Investigative personnel will follow all applicable procedures and serve the defendant as per section 104.03 (4) e. d. Jailing arrestee: Investigative personnel will follow all applicable procedures and serve the defendant as per section 104.03 (4) f. 104.04 UNIFIED SUMMONS AND COMPLAINT / WARRANT (1) PROPER IDENTIFICATION OF SUSPECT: a. When an officer has probable cause to believe a city ordinance violation has occurred and the suspect is gone, or when an officer sees an ordinance violation but is unable to apprehend the suspect, they will make every reasonable effort to determine the suspect’s correct identity and/or obtain positive identification before requesting the issuance of an arrest warrant. Information from such sources as witnesses, computer databases, and Identification Section files should be used. Merely locating a name in a computer database that is the same or similar to a suspect’s name does not, by itself, provide probable cause to believe that the person in the database is the same person as the suspect. Other corroborating information must also be present to establish probable cause. b. If a positive identification cannot be made based on the reliable information available, a General Occurrence (GO) report should be completed in lieu of requesting an arrest warrant, to allow investigative section/unit personnel to determine the suspect’s correct identity. See OMS 104.32 (3) for the standards of determining probable cause in Domestic Violence cases. c. If a suspect's identity (adults and juveniles) can be determined an officer will complete a US&C warrant and a GO report. The officer will swear to and affirm its contents in the presence of a notary. 104.05 INVESTIGATION AND HOLD ARRESTS (1) INVESTIGATIVE HOLDS: When officers arrest an individual for an investigative hold, officers will route the report to the appropriate investigative unit and Versadex will make an electronic notification to the investigative section or unit. a. The arresting officer will contact their immediate supervisor who will approve (or return) the GO report within Versadex. All returned reports must be corrected by the submitting officer and resubmitted for approval prior to the end of their shift. b. The arresting officer will complete an electronic statement in the GO report, detailing their actions and observations of the arrest. (2) HOLD ORDERS: Hold orders will not be placed against: O P E R A T I O N S M A N U A L D E N V E R P O L I C E D E P A R T M E N T 104.00 ARRESTS PAGE: 15 OF 85 a. Witnesses or victims of crimes, nor will these persons be transported in a scout van. b. Persons sent to Denver Health Medical Center or other medical facilities unless they are charged with a law violation, held for investigation of a criminal offense or pursuant to an arrest warrant, or detained for a mental health evaluation. Persons who have attempted suicide or held for a mental health evaluation will not be transported in a scout van. (3) ADVISEMENT OF RIGHTS: Every person arrested and jailed on an investigation charge must be advised of their rights and made eligible for bond at the next scheduled court session following the arrest. (4) INVESTIGATING OFFICER RESPONSIBILITY: Each investigative section/unit officer of the department will be responsible for the charges against any arrestee in the detention facility which is their responsibility to investigate. It will be the duty of the investigating officer to make sure such cases are processed with no unnecessary delay. Arresting officers may check with both the investigative unit and the detention facility for information on the status of the case. 104.06 CHANGING CHARGES (1) DETECTIVE AUTHORITY: Only investigative section/unit officers assigned to a case may change charges. Identification Section personnel will add a charge when there is an active pickup in their files. Identification Section personnel will not change the original charge. (2) MODIFICATION OF PRISONER HOLD FORM (DPD 43) – INVESTIGATIVE SECTION/UNIT PERSONNEL ONLY: A Modification of Prisoner Hold Form (DPD 43) is used when dropping, adding or changing charges against arrestee(s) under their investigation. a. The investigating officer will indicate on a Modification of Prisoner Hold Form (DPD 43) either the charges filed or release the "investigation" charge and the arrestee from custody. b. The investigating officer will deliver, in person, by fax, or by email to [email protected], the Modification of Prisoner Hold Form (DPD 43) to the Identification Section. Personnel assigned to the Identification Section will cause the Modification of Prisoner Hold Form (DPD 43) to be scanned into the arrestee’s arrest-booking record and the appropriate add or drop charges will be entered within the Record Management System (Versadex). Identification Section personnel will then ensure that a copy of the Modification of Prisoner Hold Form (DPD 43) is delivered to the appropriate Detention Facility of the Denver Sheriff Department in a timely manner. c. Whenever a Modification of Prisoner Hold Form (DPD 43) is submitted and charges are changed, the specific charge and the designation of felony or misdemeanor will be recorded. (3) RELEASE: The Denver Detention Center is responsible for the prompt release of an arrestee after all police holds have been cleared. They are also responsible for clearing charge(s) from the arrestees' records. (4) ADDING CHARGES: If additional unrelated charges are placed against an arrestee already in custody, the investigative unit officer will complete a Statement of Probable Cause, cont. (DPD 287A), outlining the probable cause for the additional charge. This form and a copy of the Modification of Prisoner Hold Form (DPD 43) must be delivered to personnel assigned to the Identification Section, in person, by fax, or by email to [email protected]. Patrol Officers: For persons already in custody and being held on previous charges, when an additional incident occurs, complete a new AB report and GO report. O P E R A T I O N S M A N U A L D E N V E R P O L I C E D E P A R T M E N T 104.00 ARRESTS PAGE: 16 OF 85 104.07 CENTRAL WANT AND WARRANT FILES (PERSONS AND PROPERTY) (1) MAINTAINED BY THE Denver 911 NCIC Division: A central want and warrant file for persons will be maintained by the Denver 911 NCIC Division. Information from this file can be obtained only by persons known to be criminal justice personnel. (2) CENTRAL WANTED PERSONS AND WARRANT FILE FUNCTIONS: a. A copy of the pickup and a photograph of the wanted person are sent to the Daily Bulletin editor. Cancellations will be noted on a DPD 252/110. b. File checks can be made by name only on pickups without DPD numbers. c. All wanted notices from the Denver Police Department and Denver Courts will be filed in the wanted file. All such notices will include the signature of the person responsible for the notice and not just the name of the requesting agency. d. No Denver Police Department charges will be placed against an arrestee who is being held in the detention facility at the request of a federal law enforcement agency or on a writ of habeas corpus, even though a valid warrant is on file. Instead, the detective or agency initiating the warrant will be notified that the person is being held for a federal law enforcement agency or on a Writ of Habeas Corpus. Denver 911 NCIC Division personnel will not initiate a cancellation but will retain the warrant on file until it is canceled by the originating detective or agency. (3) VERIFICATION OF ARREST WARRANTS AND ARRESTEE PROCESSING: a. No person will be jailed on any warrant until it is verified by Denver 911 NCIC Division personnel. b. If the individual has valid government photo identification, or is identified using the Morpho Print reader, the individual may be jailed. 1. If the individual does not have valid government photo identification, or cannot be identified using the Morpho Reader, they will be transported directly to the Identification Section for warrant verification. 2. If the person is an adult wanted on a US&C warrant, and is to be ordered in rather than jailed, they must be transported to the Identification Section to be served. 3. If the person is a juvenile wanted on a US&C warrant, they must be transported to the Juvenile Section. 4. If a person is wanted by this department on a probable cause warrant supported by a Unified Summons and Complaint, the officer must transport the arrestee to the Identification Section to be served and then jailed. c. Processing via mobile data terminal or at a district station: 1. The arresting officer will email [email protected] or fax a completed FAX Warrant Verification form to the Denver 911 NCIC Division. 2. Using the same method of data transmission as the officer, when NCIC personnel have verified the warrant, they will email or fax a copy of the computer printout and verification stamp to the officer. The officer will attach a copy of the verification to the Arrest Booking (AB) slip. 3. The arrestee may then be transported to the Detention Center by the officer or custody transferred to the DSD scout van. 4. When a completed FAX Warrant Verification form is received by the NCIC Division, the warrant will be canceled from CCIC or a "locate" sent to the originating agency. The paperwork (warrant, teletype, etc.) will be forwarded to the Detention Center when the subject arrives at the jail. O P E R A T I O N S M A N U A L D E N V E R P O L I C E D E P A R T M E N T 104.00 ARRESTS PAGE: 17 OF 85 5. If a person is wanted on a US&C/warrant, Identification Section personnel will fax or email (using the same method of transmission as the officer) copies of the front and back of the defendant's copy to the officer, who will serve the arrestee. d. Identification Section Processing: 1. The arresting officer will be given a copy of the computer printout showing the bond amount and the signature of the verifying Identification Section employee. 2. This paperwork and the AB must be given to the detention facility receiving deputy when the arrestee is placed in their custody. e. If warrant and bond verification cannot be determined within the time limits prescribed by NCIC/CCIC rules, and the warrant is the only reason for jailing the individual, the person may be released at the officer's discretion. However, if there are additional charges, the person may be jailed or ordered-in on those charges as deemed appropriate within policy. (4) DETERMINING IF PROPERTY IS STOLEN: Officers having reasonable suspicion or probable cause to stop and question persons about property in their possession are encouraged to ascertain whether the property has been reported stolen. a. If a computer inquiry indicates the property has been reported stolen, the item(s) are to be seized and placed in the Evidence and Property Section as evidence. b. PRIOR TO JAILING ANY SUSPECT, OFFICERS WILL NOTIFY A MEMBER OF THE APPROPRIATE DISTRICT INVESTIGATIVE UNIT. 1. During the dedicated staffing hours of the appropriate district investigative unit, detectives are available to assist the arresting officers. 2. At other times, a detective or sergeant assigned to the district investigative unit can be contacted through Denver 911 or through contact information accessed by station personnel. c. Officers should consider all available information such as the nature of the offense in the original report, how long ago the report was made, the statements and demeanor of the suspect, the circumstances of the arrest, the type of item, and even its value. Possession of a reportedly stolen item should not be the only criterion upon which the decision to jail is based. 1. The date the item was reported stolen is important. If the item is wanted in connection with a case REPORTED TO THE DENVER POLICE DEPARTMENT less than ten days prior to the apprehension of the suspect, a stronger case for jailing the person is made. In those instances, where the item was reported to the DPD more than ten (10) days before the arrest, issue the suspect a request to appear to the assigned detective for the next business day. 2. When an item has been reported wanted by any law enforcement agency other than the Denver Police Department, officers will contact the specific outside law enforcement agency for direction. If a representative from the outside law enforcement agency is unavailable or unable to provide direction, Denver police officers will seize the reported stolen items and complete a GO report, titled “Letter to Detectives”, including suspect information, etc. Officers will use the same CAD number for the GO report and property invoice and place the items(s) into the Evidence and Property Section as “personal property.” Officers will also note the outside agency case number and “items stolen from (name of jurisdiction)” on the property invoice. The Evidence and Property Section will notify the originating agency via NLETS message and maintain records of all notifications in accordance with property management procedures. d. When officers have decided to jail the suspect, the charge will be consistent with that listed on the original report, such as "Investigation Burglary, Case # 123456789". O P E R A T I O N S M A N U A L D E N V E R P O L I C E D E P A R T M E N T 104.00 ARRESTS PAGE: 18 OF 85 e. All paperwork related to the arrest and/or order-in, such as statements, computer printouts, or copies of the Probable Cause Statement (if completed on paper) should be forwarded without delay to the assigned investigative section/unit (originals are sent to Records Unit for scanning). (5) DENVER COUNTY COURT WARRANT ARREST: a. Denver County Court warrants include failure to appear bench warrants, failure to comply or contempt of court warrants. These warrants are entered onto CCIC and will have a bond amount or list the number of days to be served in jail. b. When an officer receives notification that a subject is wanted on a Denver County Court warrant, they will proceed as outlined in OMS 104.07(3) (6) FUGITIVE UNIT NOTIFICATION: If an investigating officer is notified that the subject of their warrant has been arrested by another jurisdiction, they will notify the Fugitive Unit immediately. Fugitive Unit personnel will place holds and arrange to have the individual returned to Denver. 104.08 OBTAINING AT LARGE AND PROBABLE CAUSE ARREST WARRANTS (1) DEFINITIONS: AT LARGE Arrest Warrants: Issued by the Denver District Attorney’s Office after acceptance for filing of a criminal case with the court. The investigating officer will sign the affidavit at the Denver District Attorney’s Office. To obtain an at large warrant, the Denver District Attorney’s Office must make a showing that the alleged suspect has fled the State of Colorado and that the district attorney is willing to extradite the alleged suspect from the location of arrest. At large warrants are valid for extradition nationwide. PROBABLE CAUSE Arrest Warrants: An investigative warrant, valid for extradition only in the State of Colorado, is used when the filing of criminal charges is pending. The investigating officer, who completes an Affidavit and Application for Arrest Warrant (DPD 69) and swears to the information in the presence of a judge, obtains the warrant. Investigators will use probable cause warrants to arrest individuals suspected of committing State misdemeanors and felonies, and in furtherance of an investigation(s). (2) WARRANTS ISSUED BY OTHER CITY AGENCIES: A Denver County Court clerk will place warrants issued for failure to appear on city ordinance charges. The county court will handle bench warrants for failure to appear on Denver County Court state misdemeanor charges. The Denver Sheriff Department will handle all Alias Capias warrants issued by the Denver District Court. (3) OBTAINING AT LARGE AND PROBABLE CAUSE ARREST WARRANTS: a. The investigating officer must complete an affidavit that specifies facts sufficient to support the occurrence of an offense and probable cause to support that a particular person committed the offense (Affidavit and Application for Arrest Warrant - DPD 69). The investigating officer will present the affidavit to a Denver County or District Court judge for review. If the judge concurs with the probable cause detailed in the affidavit, the court will issue an arrest warrant commanding any peace officer to arrest the person named in the warrant (see CRS §16-3-108). 1. Investigating officers will obtain probable cause warrants when seeking the arrest of any individual suspected of committing a state felony or misdemeanor in the City and County of Denver. The investigating officer will then follow the procedures outlined in section (4). O P E R A T I O N S M A N U A L D E N V E R P O L I C E D E P A R T M E N T 104.00 ARRESTS PAGE: 19 OF 85 2. When the investigating officer obtains a probable cause warrant for a state felony and the investigation shows the suspect fled the State of Colorado, he/she will confer with the district attorney’s office regarding extradition. 3. In instances where the district attorney’s office decides to extradite the suspect from another state, the investigating officers will follow procedures outlined in section (3) b. 4. In instances where there is insufficient information or evidence for the district attorney’s office to make a decision about extradition, the investigating officer will follow the computer entry procedures outlined in section (4). b. When the investigating officer obtains a probable cause warrant for individuals suspected of committing a state felony and the investigation or information supports that the suspect in no longer in the State of Colorado, the assigned investigating officer will: 1. Present the case to the district attorney’s office to determine if filing criminal charges is applicable. If the district attorney’s office accepts the case for filing, the assigned investigating officer will request an at-large warrant for the suspect’s arrest. The assigned deputy district attorney will complete the at large filing documents and have the assigned investigating officer sign the affidavit. The investigating officer will submit the completed at-large warrant to the NCIC/CCIC operator in accordance with section (4). 2. If the district attorney’s office refuses the case for filing of criminal charges and the issuance of an at-large warrant, knowing that the suspect is out of the State of Colorado, the assigned investigating officer will obtain a probable cause warrant in accordance with section (3) a. and the recommendation of the district attorney. The assigned investigating officer will include a copy of District Attorney Form (DA-122), DA Case Filing Form indicating “obtain PC warrant” with the investigative case file. District attorney Form (DA-122), DA Case Filing Form is work product of the district attorney and not available for discovery. As this document is not discoverable, no member of the Denver Police Department will produce the document to the public as part of an open records request, or to any defense attorney as part of a discovery request. c. When a jurisdiction outside the State of Colorado arrests an individual wanted on an at-large or probable cause warrant, the NCIC/CCIC operator will immediately notify a supervisor assigned to the unit responsible for obtaining the warrant. 1. For suspects arrested on at-large warrants, the assigned investigating officer will notify the Fugitive Unit to begin the extradition process. The investigating officer will make written notification through their chain-of-command when requesting travel to the jurisdiction of arrest to interview the arrested suspect. 2. When the out-of-state jurisdiction holds a suspect on a probable cause warrant only, the supervisor assigned to the unit responsible for obtaining the arrest warrant will immediately assign an officer to investigate. The assigned investigating officer will contact the deputy district attorney and discuss the information or evidence necessary to obtain an at-large warrant for the suspect. If travel is necessary to further the investigation, the investigating officer will make written notification through their chain-of- command to arrange travel to the jurisdiction of arrest. a. If the deputy district attorney approves the at large filing after discussions with the assigned investigating officer, or after travel to obtain further information, the investigating officer will notify the jurisdiction of arrest and inform them that an at large warrant is forthcoming. The investigating officer will then follow the procedures outlined in section (3) b. 1. O P E R A T I O N S M A N U A L D E N V E R P O L I C E D E P A R T M E N T 104.00 ARRESTS PAGE: 20 OF 85 b. If the deputy district attorney refuses the at-large filing, and unless advised by the deputy district attorney that probable cause no longer exists, the investigating officer will keep the probable cause warrant active and notify the arresting jurisdiction that extradition will only occur within the borders of the State of Colorado. The investigating officer will discuss with the deputy district attorney what evidence or information is necessary to obtain an at large warrant. The investigating officer will note the discussion in the supplemental report for the case file. (4) AFTER OBTAINING AN AT LARGE OR PROBABLE CAUSE ARREST WARRANT: a. The assigned investigating officer will forward the following paperwork to the Identification Section for computer entry. This will include: 1. A completed Wanted/Missing Person (DPD 252/110). Before sending this form to the Identification Section, the assigned investigating officer will run a computer check on the named subject, obtaining the last known address, and DPD number if known. When completing the Wanted/Missing Person (DPD 252/110) for a felony probable cause warrant, officers will include the following information in the miscellaneous field: If contacted out of state notify ORI for possible extradition. Call the (name of investigative unit) on-call supervisor via Denver 911. 2. One (1) copy of the warrant. b. When officers make application to any court (e.g., search warrants, arrest warrants, Rule 41.1, and associated documents such as search warrant envelopes, sealed search warrant envelopes, return and inventory, etc.), officers will place the Denver Police Department GO report number on those documents. If a location for the GO number does not exist on the document, officers will hand write or type: “Denver Police Department GO#” and note the GO number for the investigation. (5) GENERAL FUGITIVE WARRANT PROCEDURES: Of primary concern in all criminal investigations is the apprehension of suspect(s) named in arrest warrants as soon as possible following issuance of the arrest warrant. This section will outline the procedures used to affect the arrest of persons wanted for a criminal offense and the procedures to document the methods used by personnel affecting the arrest. a. General procedures prior to an attempted arrest: 1. Ensure the arrest warrant is active by conducting a test clearance of the wanted subject. 2. Perform an entity check through the Versaterm System seeking information that would render an apprehension unnecessary (e.g., prior unsuccessful attempt(s), subject moved, invalid address, etc.). 3. Prior to attempting an arrest, officers will contact Denver 911 and request any information pertaining to the location of the attempt apprehension. 4. Considering CRS §16-3-106, officers will contact the appropriate jurisdiction when attempting an arrest outside the jurisdictional boundaries of the City and County of Denver. Unless in fresh pursuit of a suspect, an officer not only risks losing potentially valuable evidence, but is also in violation of the law when he or she travels outside the City and County of Denver to arrest a wanted person without the assistance of law enforcement from the appropriate jurisdiction. When making an arrest outside of the jurisdictional boundaries of the City and County of Denver, an officer requires both O P E R A T I O N S M A N U A L D E N V E R P O L I C E D E P A R T M E N T 104.00 ARRESTS PAGE: 21 OF 85 probable cause, and absent fresh pursuit or exigency, the physical presence and assistance of the outside jurisdiction, to make the arrest. 5. Upon completion of the attempted arrest, officers will notify Denver 911 and provide the dispatcher with the appropriate disposition (e.g., success/unsuccessful, suspect no longer resides at the address, invalid address, suspect’s family resides at address, suspect no longer lives there, etc.). 6. All officers attempting an arrest will complete a street check noting the outcome. Officers will forward directly to the assigned detective all information related to any intelligence regarding the subject, the location, or additional information that may assist future arrest attempts. 7. The assigned detective will include all information related to the arrest or arrest attempts in their respective investigative case file prior to filing the case with the district attorney’s office. b. Felony warrants: All warrants will be submitted to OSI/NCIC/CCIC/Webmug immediately upon obtaining the warrant. This applies to all procedures below: 1. All violent felony warrants where the assigned detective does not have the means to expeditiously secure the suspect (e.g., imminent voluntary surrender); the assigned detective will advise their immediate supervisor and coordinate apprehension efforts through the Fugitive Unit. 2. In most cases, the Fugitive Unit will be assigned as the primary investigative unit for fugitive apprehension. Exceptions would be arrests warrants that can be coordinated and executed immediately by investigating officers having knowledge of the whereabouts of the individual being sought. However, the Fugitive Unit will still be notified of the apprehension attempt and disposition. 3. At the same time the arrest warrant is delivered to the Denver 911 NCIC Division for entry into NCIC/CCIC, the assigned detective will hand carry a copy of the arrest warrant to the Fugitive Unit along with work-up packet information (e.g., criminal history, suspect photograph, etc.). 4. During normal business hours, a copy of the arrest warrant must be placed in the warrant box located at the Fugitive Unit reception desk. 5. After normal business hours, a copy of the arrest warrant will be placed in the lock box that is mounted outside the door of the Fugitive Unit. This box is labeled “fugitive warrants.” When the assigned detective obtains a felony warrant during non-duty hours, and it is in the best interest for the safety of the community to have the fugitive immediately located and arrested, the assigned detective will contact their supervisor who will cause the Fugitive Unit to be notified as stated in section (5) b.1. of this policy for the purpose of an immediate apprehension operation. c. Misdemeanor warrants: 1. In cases where the assigned detective obtains a misdemeanor warrant, the detective will initiate all reasonable efforts to apprehend the subject prior to the end of the assigned detectives’ shift. 2. In those cases where the misdemeanor warrant reaches a more serious level (i.e., domestic abuse cases where the victim remains in imminent danger, sexually or biased motivated crimes, the victim is a public official, part of a pattern offense, etc.), the assigned detective will advise their immediate supervisor and coordinate apprehension efforts through the Fugitive Unit as outlined above in the felony warrant section. O P E R A T I O N S M A N U A L D E N V E R P O L I C E D E P A R T M E N T 104.00 ARRESTS PAGE: 22 OF 85 3. When initial arrest attempts prove unsuccessful, and the nature of the offense does not necessitate an immediate response, the assigned detective will complete a street check as outlined in section (5) a. 6. d. In any instance where a subject’s arrest or warrant cancellation occurs with respect to a Denver Police Department warrant, Denver 911 NCIC Division personnel will notify the appropriate investigative section or unit personnel. 1. Upon the arrest of a wanted subject, or when the cancellation of a warrant occurs, Denver 911 NCIC Division personnel will forward a copy of the Wanted/Missing Person (DPD 252/110) to the responsible investigative unit and the assigned detective. 2. The assigned detective will document the arrest or cancellation information in the appropriate case file supplemental report. (6) U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT (ICE) DETAINER REQUESTS AND WARRANTS: The U.S. Immigration and Customs Enforcement (ICE) has the authority to enter detainer requests and warrants issued by a court into the NCIC system. a. A detainer is a request for agencies to hold subjects contacted by law enforcement for immigration violations. The Denver Police Department will not hold subjects for detainers; however, the Denver Sheriff Department will communicate with ICE when a subject with detainer information is in custody. b. A warrant may be originated from ICE issued by a court, most commonly a federal court. If a warrant is entered, the Denver Police Department will process the warrant like any other criminal warrant from another agency. c. Officers must contact the Denver 911 NCIC Division to verify whether NCIC information entered by ICE constitutes a detainer or a warrant. The word “warrant”, or more specifically “administrative warrant”, may appear under the MIS field or other fields of the NCIC response when no actual warrant has been issued. It is necessary to have ICE verify and clarify, through the Denver 911 NCIC Division, whether a detainer or actual warrant is in effect. 104.09 ASSISTING POLICE OFFICER (1) CRS §16-3-202: (1) A peace officer making an arrest may command the assistance of any person who is in the vicinity. (2) A person commanded to assist a peace officer has the same authority to arrest as the officer who commands his assistance. (3) A person commanded to assist a peace officer in making an arrest shall not be civilly or criminally liable for any reasonable conduct in aid of the officer or for any acts expressly directed by the officer. (4) Private citizens, acting in good faith, shall be immune from any civil liability for reporting to any police officer or law enforcement authority the commission or suspected commission of any crime or for giving other information to aid in the prevention of any crime. 104.10 SEARCHES AND ARRESTS WITH SPECIAL CONSIDERATIONS (1) PURPOSE: The policy of the Denver Police Department is to treat all individuals with dignity, respect, and professionalism. Department personnel will at all times abide by the Denver Police Department’s policy on respectful treatment, as well as the City of Denver’s policies and/or guidelines that prevent discrimination O P E R A T I O N S M A N U A L D E N V E R P O L I C E D E P A R T M E N T 104.00 ARRESTS PAGE: 23 OF 85 when interacting with transgender, intersex, and gender non-conforming individuals; or individuals wearing or in possession of religious or culturally sacred items. (2) TRANSGENDER SUSPECTS AND ARRESTEES: Department personnel will consider a person to be transgender if the person identifies themself as transgender or, if upon reasonable belief that a person may be transgender, the employee asks and receives an affirmative response. Personnel will use their own discretion whether to ask a person their gender identity and how they would like to be addressed. Department personnel will use their preferred name, even if that name is not legally recognized, in all conversations with the transgender individual, or with any other person when referring to the transgender individual. In addition, when addressing or referring to a transgender person, department personnel will use pronouns preferred by the individual. If uncertain about which pronouns are appropriate, department personnel will respectfully ask the individual which pronouns are preferred, or use “they”. a. Definitions: Preferred Name: A non-birth name that a transgender individual uses in self-reference (this may or may not be in the individual’s legal name). Transgender: Transgender is an overall term used to describe people whose gender identity and/or gender expression differs from their sex at birth, whether or not they have changed their biological or hormonal characteristics. Transgender Man or Female-to-Male (FTM): A person who transitions from female to male, meaning a person who was born female, but identifies and lives as a man. A female-to-male individual should be addressed using masculine pronouns (i.e., he, him, his), or other pronouns of the individual’s preference, regardless of biological, hormonal, or surgical status. Transgender Woman or Male-to-Female (MTF): A person who transitions from male to female, meaning a person who was born male, but identifies and lives as a woman. A male-to-female individual should be addressed using feminine pronouns (i.e., she, her, hers), or other pronouns of the individual’s preference, regardless of biological, hormonal, or surgical status. b. Arrest Procedures: 1. When completing official department documents (non-arrest paperwork), officers will document the individual’s legal name and include the transgender suspect’s preferred name and alias. When arresting a transgender suspect, officers will document the suspect under the individual’s legal name and enter any preferred name as an alias. NOTE: If no identification is available, and the arresting officer cannot determine a transgender suspect’s legal name, officers will use the preferred name for either the primary or alias name. 2. Officers will record the following information on the General Occurrence (GO) report, street check or Body-Worn Camera: The advisement and request for preference The suspect’s response Whether or not the request was granted Reason for not granting the request, if applicable 3. Absent exigent circumstances and before performing any level of search of transgender individuals, officers will inform them of the right to express a preference for the gender of the officer who will conduct the sea