Virginia Commonwealth University Police Department

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1 Virginia Commonwealth University Police Department Subject SECTION NUMBER CHIEF OF POLICE EFFECTIVE REVIEW DATE GENERAL It is the policy of the VCUPD that that all members thoroughly understand the basic constitutional and statutory provisions involved in making an arrest. The power to arrest deprives a person of liberty and freedom, and it is one of the most serious responsibilities of a police officer. Therefore, whenever possible, arrests should be made with a valid arrest warrant. All constitutional and statutory rights will be afforded to an arrested person at the time of arrest and immediately thereafter. The purpose of this directive is to establish uniform procedures and guidelines for making arrests with and without a warrant by sworn officers of the VCUPD, alternatives to full custody arrests, and the exercise of lawful discretion. ACCOUNTABILITY STATEMENT All employees are expected to fully comply with the guidelines and timelines set forth in this written directive. Failure to comply will result in appropriate corrective action. Responsibility rests with the division commander to ensure that any violations of policy are investigated and appropriate training, counseling and/or disciplinary action is initiated. DEFINITIONS 1 5 6/17/2014 7/1/2017 ARREST AND LEGAL AUTHORITY A. ARREST An arrest is the taking of a person into custody in order that they may be forthcoming for the commission of a crime. In determining whether a person has been seized or taken into custody, the court will examine objective facts. The issue is whether a reasonable person under those circumstances would believe that they were free to leave. B. JURISDICTION OF ARREST VCUPD officers shall have the power and authority to arrest within defined jurisdictional boundaries, and on university property and property owned or leased by the university. ARREST AUTHORITY A. The authority to make criminal arrests is derived from the Code of Virginia, as it relates to Campus Police officers. Specifically, this statutory power is outlined in the Campus Police Act (Section ), and by Section of the Code. VCUPD Written Directives Manual 1-5 Arrest and Legal Procedures 1

2 B. It is a primary objective of this department that its officers make quality arrests and also maintain the constitutional safeguards afforded to violators of the laws, rules, and regulations of this Commonwealth. C. A corollary aim is to ensure timely service and documentation of all legal processes handled by VCUPD officers pursuant to their duties. D. This policy stipulates the arrest authority vested in the department and the procedures to be adhered to by its members with regard to that authority in the course of accomplishing law enforcement functions. DISCRETION A. Law enforcement operations consist of many diverse activities, which are directed toward the attainment of department objectives. Activities such as patrolling, conducting field interviews and issuing traffic citations are not objectives in themselves; rather they are methods of achieving the ultimate aim of preventing and deterring crime, arresting criminal offenders and preventing traffic accidents. B. Decisions in law enforcement operations frequently must be made in an instant, and lives of officers and others may depend on the quality of these decisions. Officers are confronted in stressful situations with both criminal and non-criminal behavior, and they must base their conduct and actions in each instance upon experience, training, and judgment to guide them toward morally justified and lawful decisions and actions. C. What is reasonable in terms of appropriate police action or what constitutes probable cause varies with each situation, and different facts may justify an investigation, a detention, a search, an arrest, or no action at all. The requirements that legal justification always be present impose a limitation on an officer's action. In every case, officers must act reasonably and within the limits of their authority, as defined by statute and judicial interpretation. GENERAL ARREST PROCEDURE All arrests, including those of juveniles, must be in compliance with Virginia State laws. Additionally, officers will adhere to the following guidelines: A. All offenses committed in the presence of an officer will be handled by the police officer on the scene or in consultation with the commander, but always with strict adherence to Section of the Virginia Code. B. If the offense did not occur in the officer's presence, the following actions will be taken: 1. The officer will notify the Commander or Supervisor on duty before a suspect is arrested. 2. The Commander or Supervisor will either respond to the scene, or immediately contact the officer via telephone. VCUPD Written Directives Manual 1-5 Arrest and Legal Procedures 2

3 3. The officer will relay the factual circumstances to the supervisor, who will then advise the officer whether an arrest is authorized, or if further investigation is necessary. C. Officers are expected to be firm and resolute in exercising only necessary means when affecting an arrest and when performing their duties. The use of any unnecessary force in apprehending and restraining a suspect will not be tolerated. D. Officers will use all available resources to ensure the correct identification of any person arrested or confined. Do not rely upon similarity of names or upon incomplete information provided by other police agencies. Every detail of physical description or personal characteristics must be checked for similarity. E. A request from another law enforcement agency to arrest a person shall operate only as a request to locate if the request does not provide sufficient probable cause for the arrest or information that a warrant or capias has been issued. Originating agencies will be notified when such persons and/or vehicles are located. 1. Authority is granted under Virginia Code Section to stop and detain a person if the officer has reasonable suspicion that the person has committed, is committing, or is about to commit a crime, repealed 1994 Code of Virginia HB563, or possesses a concealed weapon in violation of Before officers may arrest, it must be established to their individual satisfaction that probable cause exists. The probable cause can be established by an officer's own observations or through statements of witnesses or other law enforcement officers. 3. Persons detained under Section will not be removed from the location of the stop unless the detained person gives permission, is arrested, or movement is required because of safety factors. F. In cases where probable cause exists without immediate victim identification of a suspect, officers may attempt street identification. In cases where probable cause depends upon victim identification, officers will attempt to bring the victim to the location of the suspect's detention. If this is not practical, the suspect may be taken to the scene of the crime with the suspect's permission. G. Officers will abide by Code section in regard to making lawful arrests without a warrant. H. An officer making a lawful arrest may command the aid of persons the officer deems necessary to make the arrest. A person so commanded shall render assistance as directed or face penalty as provided by Section I. Officers may conduct searches with or without a warrant. Search procedures are outlined in the Written Directive 1-10 Search and Seizure. ELEMENTS OF AN ARREST VCUPD Written Directives Manual 1-5 Arrest and Legal Procedures 3

4 A. To execute an arrest, an officer must cause the person to be informed of the officer's authority, and of the reason for the arrest. An officer usually causes the person arrested to be informed of his arrest authority by display of his uniform and badge. Officers not in uniform shall, when practical, display their issued badge and/or identification and announce their status as a police officer. B. Notice of the cause for arrest need not ordinarily be given until after custody has been taken, however, as soon as practical after taking custody, the officer shall inform the arrestee of the offense for which the arrest was made. ARREST WITH A WARRANT A. An arrest warrant is a document issued in the name of a legal authority and directed to officers authorized to serve criminal process, commanding them to take an individual into custody. 1. Before a warrant is issued, an officer must have probable cause to believe that a crime has been committed and that the person sought to be arrested committed it. 2. Before an arrest warrant is issued, the following information must be provided: a. The name, or a sufficient description of the person to be arrested, must appear in the arrest warrant. So-called "John Doe" warrants, which do not contain a sufficient description, are illegal. b. An affidavit will accompany the arrest warrant setting forth the facts which establish probable cause for the arrest. c. A criminal complaint will be attached to the warrant and affidavit. Whenever possible, a supervisor should review all the paperwork before an arrest warrant is issued. B. Refer to Written Directive 6-18 Executing Warrants and Subpoenaing Witnesses for further instructions. ARREST WITHOUT A WARRANT A. A VCUPD officer may make a lawful arrest without a warrant so long as they have met the following guidelines. 1. Misdemeanor Arrests: An arrest by an officer without a warrant on a charge of a misdemeanor or a violation is lawful whenever the officer has probable cause to believe that: a. The person to be arrested has committed a misdemeanor or violation in his presence; or b. The person to be arrested has within the past 12 hours committed abuse against a person eligible for protection from domestic violence, has within the past 12 hours violated a temporary or permanent protective order VCUPD Written Directives Manual 1-5 Arrest and Legal Procedures 4

5 issued by committing assault, criminal trespass, criminal mischief or another criminal act, or has within the last 12 hours violated stalking provisions. c. The person to be arrested has committed a misdemeanor or violation, and if not immediately arrested, such person will not be apprehended, will destroy or conceal evidence of the offense, or will cause further personal injury or damage to property. d. A person involved in a traffic accident has violated the provisions dealing with DUI laws. 2. Felony Arrests: An arrest by an officer without a warrant on a felony charge is lawful whenever: a. A felony has actually been committed by the person arrested, regardless of the reasons which led the officer to make the arrest. b. The officer has reasonable ground to believe that the person arrested has committed a felony. B. Factors Justifying an Arrest 1. Officers should be able to point to specific factors justifying an arrest without a warrant since probable cause requires more than mere suspicion but less than that required to secure a conviction. 2. Of great importance is the totality of the circumstances surrounding the arrest. The following factors may be used to establish probable cause: a. Direct observations by the police officers. b. Knowledge of a prior criminal record. c. Flight If a police officer has a reasonable suspicion for a stop and the person flees, flight elevates that suspicion to probable cause. d. Evasive answers and/or conflicting stories. e. Experience of the police officer in similar situations. f. Time of day or night. g. Reliable hearsay (receipt of information from reliable sources). h. Statements from other police officers. A police officer making an arrest need not have probable cause as long they rely upon information from another police officer who does have probable cause. i. Statements from informants 1) These are closely scrutinized when used to establish probable cause. 2) A police officer must be able to show the reliability of the informant and the information being provided. VCUPD Written Directives Manual 1-5 Arrest and Legal Procedures 5

6 3) Steps should be taken to corroborate all information received for the purpose of establishing probable cause. ENTRY OF A DWELLING TO AFFECT AN ARREST A. Officers may enter a suspect's dwelling under the following circumstances for the purpose of effecting a lawful arrest when they reasonably believe the person to be arrest is therein and: 1. The anticipated arrest is based upon probable cause developed or obtained as a result of a recent felony and the circumstances of the crime or character of the suspect make it impractical to first obtain a warrant. 2. The anticipated arrest is based upon an arrest warrant or capias. 3. An officer is in fresh pursuit of a person suspected of committing a crime, or 4. Entry is necessary to prevent or terminate the commission of a serious crime. B. Prior to entering a dwelling, officers must announce their authority and purpose and make a demand for admission. If entry is refused, they may forcibly enter the dwelling, provided one of the above criteria is met. This will not be necessary if the officer reasonably believes such announcement and demand might cause danger to life or limb, or if the person to be arrested is attempting to destroy evidence or flee. C. A search warrant is required to enter the residence of someone other than the person to be arrested unless emergency or exigent circumstances exist. ALTERNATIVES TO ARREST A. In dealing with law violations, a VCUPD officer has the following options available: 1. Physical custody arrest 2. Issuance of a misdemeanor and violation summons 3. Issuance of verbal warnings a. Warnings are normally utilized for minor motor vehicle violations. b. However, they may not be issued for serious motor vehicle violation cases such as DUI/DUID, operating on a suspended license or reckless driving. c. Officers may issue warnings for nonviolent, lesser criminal violations, such as trespassing, loitering, etc. 4. Juvenile Court diversion 5. Referral to the judicial system PERSONS EXEMPT FROM ARREST Refer to Written Directive 6-12 Procedure for Consular Notification for further information. VCUPD Written Directives Manual 1-5 Arrest and Legal Procedures 6

7 VCU WEAPONS REGULATION A. Possession or carrying of any weapon by any person, except a police officer, is prohibited on university property in academic buildings, administrative office buildings, medical venues, clinics, laboratories, research facilities, student residence buildings, dining facilities, or while attending sporting, entertainment or educational events. Entry upon the aforementioned university property in violation of this prohibition is expressly forbidden. NOTE: Possession of a firearm(s) on campus is strictly prohibited by anyone other than a police officer. B. A weapon means any pistol, revolver, or other weapon designed or intended to propel a missile of any kind, or any dirk, bowie knife, switchblade knife, ballistic knife, razor slingshot, spring stick, metal knucks, blackjack, or any flailing instrument consisting of two or more rigid parts connected in such a manner as to allow them to swing freely, which may be known as nun chucka, nun chucku, shuriken, or fighting chain, or any disc, of whatever configuration, having at least two points or pointed blades that is designed to be thrown or propelled and that may be known as a throwing star or oriental dart. C. Persons who legally possess weapons shall be advised of the VCU Weapons Regulation regarding possession or carrying of any weapon. Such persons shall be asked to remove the weapons from the premises. D. If such persons refuse to remove their weapons from the premises, they will be asked to leave the property. E. As a last resort, the officer will consider arrest for trespassing. This policy shall not apply to law enforcement officers while in performance of their official duties. RECORDS A. A records system will be maintained for legal process in the possession of this agency, and will be accessible to VCUPD officers on a 24-hour basis. B. Information regarding each article of legal process will be recorded, to include: 1. Date/time received 2. Type of process (warrant, summons, capias, etc.) 3. Source of document 4. Nature of document 5. Name of plaintiff/complainant OR defendant/respondent 6. Officer assigned for service of process 7. Date of assignment 8. Court docket # (obtain from information desk or court clerk) VCUPD Written Directives Manual 1-5 Arrest and Legal Procedures 7

8 9. Date service is due C. A record of attempts to serve each document will be maintained. This data will provide: 1. Name and address of person whom service was attempted 2. Date and time of attempted service 3. Name of serving Officer 4. Reason for non-service D. Records on the actual service of the documents will include: 1. Name of person for whom service was attempted 2. Date and time of service 3. Name of serving Officer 4. To whom process was served 5. Method of service 6. Location of service E. Officers of VCUPD will not attempt to serve or execute any legal process outside their jurisdiction. If holding legal process for a party in a foreign jurisdiction and the party are to be tried within VCUPD jurisdiction, then the serving officer must comply with Section of Virginia Code (arrest outside city where charge is to be tried.) PROPERTY A. All property received by the VCUPD pursuant to the execution of legal process will be inventoried, and a record thereof kept as provided by Written Directive 3-5 Property and Evidence Management B. All property and evidence will be accounted for at all times. The property inventory form will be filed with a property manager. This form will include: 1. Nature of property submitted 2. Date/time submitted 3. From who was property obtained 4. To who was property relinquished 5. Report number assigned (if any) 6. Amount or number of articles submitted 7. Identification # of article(s), if any 8. Name of submitting person (and unit # if an officer). VCUPD Written Directives Manual 1-5 Arrest and Legal Procedures 8

9 9. Statement as to whether property is releasable to its owner. C. Nothing in the above procedure shall be interpreted to supersede the inventory policy for the execution of search warrants as governed by the Virginia Code Section D. All property acquired through the legal process function will be disposed of pursuant to legal and policy specifications. E. The methods to be utilized for the disposition of property acquired through the legal process will be as directed by current department policy as noted above. VCUPD Written Directives Manual 1-5 Arrest and Legal Procedures 9

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