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Vol Ii: Chapter 16 Criminal Arrest Warrants, Search

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Vol Ii: Chapter 16 Criminal Arrest Warrants, Search VOL II: CHAPTER 16 CRIMINAL ARREST WARRANTS, ETC. June 2017 CRIMINAL ARREST WARRANTS, objectives: SEARCH WARRANTS, & RAIDS Compels a person to appear before a civil or I. POLICY criminal court Orders the arrest or apprehension of any The Office of the Sheriff (OSPG) has primary person responsibility for serving legal process in Prince Judicially authorizes or requires law George's County, including all civil legal process enforcement officers to take specific and criminal arrest warrants. Upon OSPG request, enforcement actions, such as searches and officers may assist in keeping the peace or seizures enforcing criminal laws at locations where civil process is executed. Raid: A sudden, forcible entry into a place by police, usually for serving search and seizure Officers shall serve criminal or civil legal process warrants or high-risk arrest warrants (Protective Orders and Emergency Petitions) during those patrol and investigative functions Search Warrant: A court issued document normally conducted by the Department. Only authorizing a police officer or other official to enter sworn Departmental personnel shall handle a premise, vehicle, or item, and search for criminal legal process. Civilian employees may articulated evidence. assist in collecting evidence related to the execution of criminal process, but shall not Search Warrant Threat Matrix: PGPD Form to participate in the physical apprehension, handling, determine the possible threat level and need for or transportation of any person detained pursuant to Emergency Services Team (EST) to execute a criminal process. search warrant on a residence. II. CHECKLIST (N/A) IV. FORMS III. DEFINITIONS Arrest Report Continuation Report Application & Affidavit for Search Warrant: Incident Report Form to submit probable cause (factual basis) for Report of Investigation issuing a search warrant. The item(s) and/or Suspect Identification Sheet place(s) to be searched are listed. Must be signed & Application & Affidavit for Search Warrant sworn under oath before a Judge. Search Warrant Threat Matrix Arrest Warrant: Issued by a Judge or V. PROCEDURES Commissioner on behalf of the state, that authorizes the arrest and detention of a person. 1. Arrest Warrants Obtained by Employees Electronic Search Warrant: A search warrant that The Department does not routinely enter or remove is written, submitted, and approved by a state’s warrant information into or from any computer attorney and judge by electronic means. Although system. Officers shall not attempt to enter warrant allowable by law, see State’s Attorney’s Office for information into any computer system. The OSPG details. performs these functions after receipt of a warrant and Suspect Identification Sheet. All warrants shall Emergency Services Team: EST is the PGPD be immediately forwarded to the OSPG with a Tactical Team used to execute search warrants completed Suspect Identification Sheet attached. where a high level of threat is probable. Officers shall ensure that the CCN is recorded in the upper right section of each charging and Legal Process: Any writ, summons, warrant, body supporting document. attachment, or other judicially issued written order that accomplishes at least one of the following Officers desiring notification of a suspect's arrest CHEVERLY POLICE DEPARTMENT Vol II-16 1 of 10 GENERAL ORDERS MANUAL VOL II: CHAPTER 16 CRIMINAL ARREST WARRANTS, ETC. June 2017 must include that request on the Suspect transferred to the PGPD District 1 regional Identification Sheet. When an officer is notified processing facility for processing and presentment that a person for whom he or she holds a warrant to a commissioner. In such cases, OSPG ensures has been arrested, the officer shall immediately that warrant information is removed from the serve the warrant or turn it over to the OSPG. computer. The warrant shall be placed in the OSPG mailbox If District 1 Center is closed all persons arrested on at PGPD’s District 1 facility and entered on the a warrant shall be transported to Upper Marlboro transmittal log for that mailbox. The OSPG Deputy Department of Corrections. will pick up the warrant. Officers shall carry a copy of the warrant or If an initial offense report has not been written, the confirm its existence before making an arrest. officer shall document the issuance of a warrant on Confirmation may occur through a computer hit for an Incident Report. Otherwise, officers shall local warrants, teletype, or contact with a District document the issuance of a warrant on a Court Commissioner who is in possession of the Continuation Report. warrant. Arrest Warrant Retention Officers may access the Central Warrant System 24 hours per day, through telephone contact with the A supervisor may authorize retention of an arrest OSPG dispatcher or by direct computer link where warrant within the Department for a maximum of available. five days if service by an officer is deemed beneficial to the case. When retained, the original For purposes of this section, juvenile writs of warrant and one copy shall be kept. Copies of the attachment are treated as arrest warrants. warrant and the Suspect Identification Sheet shall be immediately forwarded to the OSPG. 4. Service of Warrants Obtained by CPD OSPG does not enter warrant information into the Before transferring a wanted person to the District computer until it receives the original warrant. 1 regional processing facility, the arresting officer Therefore, the supervisor shall consider that shall determine whether a CPD officer initially retaining the warrant will delay computer entry. obtained the warrant. If so, the arresting officer shall transport the prisoner to District 1 and notify 2. Sheriff's Arrest Report; Case Disposition the obtaining officer. When OSPG makes an arrest on a warrant initiated Transfer of the prisoner to PGPD CID is mandatory by this Department, the Department receives a copy if the obtaining officer was a member of CID. of the Arrest Report completed by OSPG. A CPD supervisor shall ensure that the investigating officer When CID or another law enforcement agency is notified and properly closes the case. Closing component accepts custody, the arresting officer reports shall include the date of arrest, original case shall complete an Incident Report. The component number, and complete suspect description. accepting custody becomes responsible for the prisoner. 3. Arrest Warrant Service If the warrant has already been transferred to the The OSPG has primary responsibility for serving OSPG, the arresting officer shall complete the top arrest warrants. However, officers may attempt to portion of the Arrest Report and give the report to serve warrants obtained by officers during CPD the regional processing facility intake officer. The investigations. They shall arrest persons wanted on regional processing facility intake officer will other arrest warrants if contact is made during complete the Arrest Report, process the prisoner, normal police duties. and present them to a District Court Commissioner. Custody of persons arrested on a warrant shall be When an officer serves his or her own arrest CHEVERLY POLICE DEPARTMENT Vol II-16 2 of 10 GENERAL ORDERS MANUAL VOL II: CHAPTER 16 CRIMINAL ARREST WARRANTS, ETC. June 2017 warrant, the officer must give the defendant a copy Arrest Report is prepared, the officer shall note the of the statement of charges prior to transporting the following information in the narrative of the Arrest defendant to the regional processing facility. The Report: officer must sign the reverse of the warrant, indicating service of the warrant. Warrant number Warrant date 5. Warrants Held by Commissioner Victim's name PGPD case number (if PGPD case/charges) When an officer arrests a person on a warrant that is still in the possession of a District Court For warrant service attempts, officers will carry Commissioner, the officer shall complete an Arrest copies of the warrant, if available. The original Report. warrant will remain in a file or be forwarded to the OSPG. Unsuccessful warrant service attempts shall 6. New Charges on Wanted Persons be documented in the investigator's case file or the Suspect Identification Sheet. When an officer makes a warrantless arrest and later discovers that the prisoner is wanted on an If the warrant service is successful, this information unrelated warrant, the officer shall ensure that all will be placed on the Arrest Report (if the warrant processing for the original arrest, including is retained by the Department) or an Incident presentment to a commissioner, is completed Report (if warrant has been sent to the OSPG). before custody is transferred to another agency for warrant service. When the arrestee is processed, the custody officer will serve the original warrant and destroy the 7. Warrant Service Within CPD Primary copy. Jurisdiction When the attempt is made pursuant to a teletype or CPD officers who serve arrest warrants, shall information provided by another public safety document service on an Incident Report. A copy of agency, the officer shall document this information the report shall be maintained in their case file. The on an Incident Report. documentation shall include: 8. Warrant Service Outside the Town of Officer's name and ID number Cheverly Wanted person's name, race, sex, and date of birth Investigators attempting warrant service outside the Jurisdiction issuing warrant and warrant Town shall request the assistance of the host number jurisdiction before the attempt.
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