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16.11 Arrest Warrants

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Centreville Police Department Title: Arrest Warrants Directive #: 16.11 Issued: 10.1.2016 Revised: 10.1.2016 Approved by: Charles M. Rhodes, Jr.

Chief of Police A. Procedures

1. Any time a motor vehicle summons or bench warrant is issued by the court and forwarded to this

department for service, it will be immediately recorded in a Warrant Control Ledger and will have one copy of the Warrant/Summons Information Checklist attached to it. The required warrant information will be entered into MILES and NCIC.

2. Not less than each thirty-day period, an inventory will be made of all open warrants. When a warrant

has been assigned for service longer than thirty days and not yet served, the assigned patrol supervisor will submit a detailed report to the Chief of Police explaining the specific reason why service has not been affected.

3. As a reasonable precaution to safeguard the custody of the original warrant, photocopies of the original

warrant will be provided to the assigned officer for service. Prior to service of a photocopied warrant, the serving officer will confirm that the original is still on file. When warrants are served by other officers, the assigned officer will be notified so that the photocopy can be immediately destroyed.

4. Warrants which require service in another jurisdiction will be entered into MILES/NCIC and then a copy

will be forwarded, with an appropriate endorsement, to the serving department. The "Police Department" copy of the warrant or a photocopy will be retained in the warrant file with a copy of the endorsement.

5. Once a warrant is served, officers will ensure that a wanted person's name is immediately withdrawn from

MILES/NCIC.

Page 1 of 2 B. Administrative Destruction of Warrants

1. The Annotated Code of Maryland, Courts and Judicial Proceedings, Section 1-605 (7), provides for the

destruction of certain warrants following three years after issuance. The Chief Judge of the District Court, on the recommendation of the Administrative Judge of any district, shall approve in writing the invalidation and destruction of certain warrants for arrest.

2. When a determination has been made to request administrative destruction of a warrant that meets

established criteria, a Warrants Recommended for Invalidation and Destruction form (DC-9) will be completed and forwarded to the Administrative Judge of the appropriate district court.

4. When correspondence is received from the court indicating that the warrants may be invalidated, the

warrants will then be removed from file and the entry removed from MILES/NCIC. The warrant will be forwarded to the Administrative Judge of the appropriate district for destruction. The Warrant/Summons Information Checklist will then indicate that the warrant has been invalidated and destroyed.

5. Once the warrant has been invalidated and destroyed, the "Police Department" copy of the warrant, along

with accompanying forms and correspondence, will be placed in the File, Warrants Closed, for the indicated retention period. The Warrant Case Assignment Log File will reflect the date of closure. If applicable, a supplemental report to the original investigative case will be submitted, closing the case by exceptional clearance.

6. Before any warrants are administratively destroyed, a final attempt will be made to serve the warrant.

Additionally, consideration will be given for retaining those warrants issued for defendants against whom property is being held, e.g., motor vehicles, firearms, or other similar property.

7. In those instances when warrants do not qualify for the administrative destruction outlined above, i.e.,

felony warrants, and it is determined by the Chief of Police that the warrant should be quashed, the State's Attorney's office in the particular jurisdiction shall be contacted. The State's Attorney's office can provide the proper guidance and instructions as to the procedures for quashing the warrant. It will be the responsibility of Communications to ensure that the wanted person's name is withdrawn from

MILES/NCIC immediately upon receiving the decision to quash the warrant.

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