17.1 Arrest Procedures

Centreville Police Department Title: Arrest Procedures Directive #: 17.1 Rev. 1 Issued: 10.1.2016 Revised: 06.09.2022 Approved by: Joseph S. Saboury Chief of Police A. Purpose To provide officers with guidance related to making arrests.

B. Policy Officers will follow the procedures in this directive when making arrests.

C. Definitions

PRISONER:

 In this directive, any person who is in the custody of the CPD or any other law enforcement agency for any period of time; replaces terms such as suspect, subject, arrestee, and detainee.

D. Procedures

1. Arrests in General

a. Absent emergent circumstances, officers will await assistance before arresting a person who is known or believed to be armed or dangerous.

b. If an accused is arrested on probable cause (without a warrant or other legal process) and subsequent information indicates that he was not, in fact, guilty of the crime, he should be released as quickly as possible.

2. Arrests with a Warrant

a. A warrant is a court order granting the authority to arrest and is recognized both under common law and current statutes.

b. An officer shall arrest a person for whom a warrant has been issued as expeditiously as possible.

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3. Arrests without a Warrant

a. An officer may make a warrantless arrest of a person for a felony when:

(1) a person commits, or attempts to commit, a felony in the presence of, or within the view

of the officer;

(2) the officer has probable cause to believe that a felony is being committed in his presence

or within his view and the officer reasonably believes the person being arrested committed the crime; and

(3) the officer has probable cause to believe that a felony has been committed or attempted

and that such person has committed or attempted to commit a felony whether or not in the officer’s presence or view.

b. An officer may make the warrantless arrest of a person for a misdemeanor when:

(1) the person commits, or attempts to commit, a misdemeanor in the presence of, or

within the view of, the officer; and

(2) the officer has probable cause to believe that a misdemeanor is being committed in the

officer’s presence or within the officer’s view; and

(3) as outlined in the Maryland Transportation Article.

c. Prior to making a warrantless arrest for a misdemeanor not committed in the officer’s presence or view, the officer must have probable cause to believe that the suspect has committed one of the misdemeanor offenses listed in the Maryland Digest of Criminal Laws.

d. Additionally, the officer must have probable cause to believe that unless the person being arrested without a warrant for a misdemeanor offense not committed in the officer’s presence is immediately arrested the person may:

(1) not be apprehended;

(2) cause physical injury or property damage to another; or

(3) tamper with, dispose of, or destroy evidence.

4. Use of Force when Making an Arrest

a. Necessary and proportional force may be used when making an arrest.

b. The complete use of force policy may be found in CPD Directive 12.3.

Page 2 of 5 c. The policy regarding search incidental to arrest is described in detail in CPD Directive 18.1.

d. Officers will, absent exigent circumstances:

(1) perform a thorough and systematic search of prisoners they placed under arrest at the

earliest possible time; and

(2) search all prisoners prior to transport.

5. Search of Prisoners

a. Each officer taking custody of a prisoner will, prior to transport, detention, interview, or interrogation, conduct a search of the prisoner regardless of whether a previous search was conducted.

(1) A search incident to a lawful arrest is permitted to:

(a) protect the arresting officer and others, and

(b) prevent the destruction or concealment of evidence.

(2) An arrest may not be used as an excuse to conduct a general search for evidence.

b. If practical, the arresting officer should conduct the search.

(1) If an officer arrests a suspect and does not search the suspect, but later allows another

person to search him, the subsequent search may be held unlawful if the chain of custody was broken.

c. Whenever a prisoner is transferred from the custody of one officer to another officer, a subsequent search will be made for the protection of the receiving officer.

d. Until an arrest has been made or a search warrant has been issued, there is no right to search the person; however, a stop and frisk may be permitted.

e. A search made incidental to an arrest must be conducted as soon as practical after the arrest.

(1) If it is not feasible to search immediately after making the arrest, an officer should do so

as soon after the reason for delaying the search has passed.

(2) This rule gives an officer the right to search a person lawfully arrested only to protect

himself, to prevent escape, and to prevent the destruction of evidence.

f. As a general rule, an officer may search the prisoner, everything in the prisoner’s possession, and everything which, in the course of the arrest, is within the prisoner’s immediate reach.

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(1) Anything in the actual possession of the prisoner may be searched (e.g., backpack, purse)

and the things within the reach of the prisoner.

(2) In an emergency situation that threatens human life, the scope of the search may extend

beyond the suspect's immediate reach.

(3) Search of a suspect’s body cavity must be conducted in accordance with CPD Directive

18.5.

(4) If a suspect has on his person an item that shows ownership of or right to control of a

related item from which he is temporarily separated, (e.g., a key for a locker) the officer generally may not search and seize the related item unless there is a danger that someone else will remove or destroy potential evidence before a search warrant can be obtained.

(5) If an officer observes a suitcase or other closed item in plain view but not in the suspect's

physical possession, the item may be seized as a protective measure but a search warrant should be obtained before opening it unless exigent circumstances exist.

g. An officer who is lawfully in a location who observes contraband, weapons, or other evidence in plain view may seize the items, however, plain view does not provide authority for an expanded search unless exigent circumstances exist.

h. Upon entering a CPD facility and before removing any restraining devices, the supervisor will search the prisoner or ensure that the prisoner is searched in his presence.

i. Whenever an arrested person is interrogated or processed at CPD, the supervisor will ensure that all involved personnel secures their firearms in an appropriate location.

j. Whenever possible, prisoners will be searched by a law enforcement officer of the same sex as the prisoner.

6. Use of Force when conducting a search incident to arrest

a. Any use of force must be consistent with the CPD use of force policy.

b. When making a search of a suspect incident to arrest or a search warrant, the officer may use only the degree of force necessary to protect himself, prevent the escape of the suspect and prevent the destruction of evidence.

c. If a suspect is concealing an item in his mouth, an officer may use reasonable force to remove the object and prevent the person from swallowing the evidence.

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7. Transportation of Prisoners

a. When transporting prisoners in a vehicle, officers will use techniques and restraining devices as instructed in training.

b. The prisoner’s actions and other information will determine which restraining techniques are used.

c. All prisoners who are transported by vehicle will have their hands restrained to the rear with double locked handcuffs or flex-cuffs except:

(1) when precluded by a physical condition, deformity, or injury;

(2) during a lengthy transport (e.g., through multiple jurisdictions);

(3) when prohibited by court order; or

(4) when the arresting officer determines that handcuffing to the rear would be detrimental

to the exchange of information deemed necessary by the officer.

d. The prisoner transport area of the patrol vehicle will be searched for weapons and contraband at the beginning of the officer’s shift and prior to and after each prisoner transport.

e. The prisoner will be seated in the right front seat wearing the seat belt and shoulder harness when transported in a patrol car unless the vehicle is equipped with a prisoner transport partition, at which time the prisoner will be seated within the partition.

f. When necessary, a Violent Prisoner Restraining Device will be used to secure the prisoner, prevent injury, and prevent damage to CPD equipment.

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