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PS SOP Detention And Arrest Procedures

Detention And Arrest Procedures

Suspect Detention:

You can detain a person suspected of a crime while you carry out an investigation at the crime scene, or to ensure your safety.
Only Handcuff a suspect if they pose a major threat or they attempt to flee the scene. If it is appropriate, you can transport the suspect to HQ for further questioning.
 
 Before transporting them search and screenshot any illegal items along with a photo of themselves or the item being searched. Always ensure you inform the suspect you are searching for their belongings, no matter what the circumstances are.

  • Note the time of detention to be sure when your hour is nearly up.  
  • Ensure someone has control of the scene or it is clear before leaving.  
  • You must be in an interview room before you to question the suspect. During the investigation, you will be assessing if there is evidence of a crime committed that may carry a legitimate custodial sentence. Once this has been determined, follow the Arrest Procedure.  
  • If you decide not to charge someone, release them without charge - offering them a sincere apology. 

Detention Guidelines:

  • You may detain a suspect for up to 1 hour; in this time you must read them their rights, provide evidence and receive a plea to all charges.
  • The suspect is not considered arrested at this point, but they are not free to leave.

If any suspect attempts to leave you may arrest them for failure to comply.

When a suspect requests a higher ranking officer or lawyer their detainment time will be stopped, starting again when the requested personnel has had time with the suspect. Once the suspect and lawyer are ready the time will start once again.
 
Suspects can be detained inside a jail cell without charges for detention purposes - all of the aforementioned restrictions apply. The suspect must be made aware that they are being detained inside the room and not arrested. 
You must complete the arrest procedure outside of a jail cell. 

The Officer who detained the suspect is responsible for the arrest unless otherwise agreed 
If you have not done so already, transport the suspect to the CLPD HQ or a substation, informing all other officers your current location and where you are taking the detainee.  
 
Inform the suspect of their Miranda Rights:
English
"You are now under arrest. You have the right to remain silent. Anything you say or do can and will be used against you. You have the right to request legal action through the court if you question this arrest. If you do not exercise this right within 24 hours, you cannot question this arrest in the future. Do you understand these rights as they have been read to you?"

  • Attempt to read these rights to the detainee three times before continuing, if they mention the difficulty in understanding then ask another Officer to assist you. If the person remains silent inform them that if they do not reply after the third time you will assume they have no issues with understanding their rights. 
  • Interrogate as necessary 
  • Present the suspect their charges, inform them of any Licences that will be revoked, and inform of what items that will be confiscated. providing a final time for either plea. 
  • Request a Plea - Guilty or Not Guilty 

Leniency can be given for good roleplay or compliance. Further sentence negotiation must be agreed by a sergeant or above.  
If a guilty plea is provided, continue with incarceration procedure. 
If the suspect remains silent and does not want to take a plea, it will count as a Guilty Plea.
If the plea is not guilty, upload all evidence. If this proves their guilt, at the decision of a Higher Ranking Officer, proceed with the incarceration procedure. If their innocence is proven, release them without charge. 

Not Guilty Plea Evidence:

  • If the detainee does not ask to see any evidence when pleading not guilty they do not need to be presented with any.
  • When a detainee claims not guilty they are to be informed that you will now process all of the evidence to show them, At this point do not discuss charges further with them and leave the room.
  • Evidence for charges up to 5 hrs can be presented in the form of screenshots making sure that they clearly show the charges being given, make sure to show another officer beforehand ensuring their validity and feasibility. 
  • The above-mentioned evidence must be clear as the person still has the right to request legal action.
  • Any Video evidence must be clear and not edited in any way (Trimming a video is allowed but be able to explain why it was e.g. this was the start of the crimes).
  • Charges over 5 hrs will be processed in court, inform Command of this immediately and they will place the request up.
  • If the detainee is making operations difficult, call another officer to take over the proceedings and inform them of all evidence.
  • If the 1 hours detainment time is up you must release the detainee if no evidence is shown, If they are currently arguing the case however you may continue (informing them that they are using up their own time and any difficulties will gain wasting police time charges).

All officers please note:

  • Detainees have the right to know why they are there detained but are not to be shown any SOP’s or given reasoning for the way the CLPD operates. If they wish to question you on the above kindly remind them that they can take any issues up through a court case. When/If they refuse to speak after this you can continue to charge them with “Wasting Police Time” or “Failing to Comply” depending on the situation at the time. 
  • If they have open warrants, this procedure should be completed for the warrants. If you fail to serve a warrant it must be voided and cannot be served again.
  • Revoke any licenses and issue any fines at the Interview room as to keep from confusion, making sure to inform them why they are losing the said license.

Failure To Pay Fines:

  • Issue a warning if they do not pay the fines being charged that they will be faced with time in jail.
  • If they do not pay the fine the second time the fine is issued, begin the arrest procedure

Incarceration Procedure: 

  • Transport the prisoner to jail using ground vehicles e.g. Cars/bus, only use air transport if there has been an attempt to break the suspect out or there are threats suggesting of it. 
  • Check the cell that you intend to place the prisoner in for contraband. 
  • Place them in a cell 
  • Remove their restraints,  informing them to put their hands on their head.
  • revoke any licenses issue any fines(this MUST be done before you set their jail time)
  • Set jail time (Officers can use personal discretion to take detainment time off with a max of 1 hour) 
  • Search the suspect again
  • Close the cell 
  • Complete the Jail Report. 

Post Arrest and Release:

  • On releasing of any prisoner make sure to follow the below-mentioned guidelines to ensure everyone's safety.
  • Return ALL legal Items and weapons if they have not had their license revoked.  If items/bags have been lost Provide compensation for any remaining items. Reimburse to store value, asking other Officers were not sure.
  • Do not return or compensate for any illegal or unlicensed items or gear. 
  • If returning a prisoners gear and items at the CLPD Main HQ make sure it is done through the reception. Release the prisoner through to the reception and not the outside court area and inform them that their bag will be brought through. Bring the bag through and pass it through the booth window to them.
  • When handing gear and belongings over to anybody make sure that they are identified as the owner.