Arrests

Arrest Policy

I. POLICY

Agents of the Field Enforcement Bureau will adhere to the following arrest policies in the discharge of their duties as law enforcement officers:

A. Every arrest will be made based on a valid arrest warrant or on the existence of probable cause, pursuant to the laws under the purview of the Field Enforcement Bureau’s police authority, or as outlined in Index Code 2101-Statewide Law Enforcement Authority. Most of the laws and regulations which fall under the purview of the Bureau are misdemeanors, and do not involve crimes of violence. Whenever possible, and in lieu of physical arrest, the preferred method for the issuance of criminal charges by agents is by way of criminal or traffic citations, criminal summons, or criminal information/indictments. Physical arrest should only be made when an agent cannot satisfactorily identify an offender, or if the agent has reason to believe the offender will disobey a citation/fail to appear in court as required, or if failure to arrest the offender would jeopardize public safety.

B. In effecting an arrest, force will be used only when necessary to assure the custody of the prisoner or to overcome any resistance that may be offered. Agents are not permitted to strike a prisoner who merely holds back and is not otherwise resisting arrest. Agents must always maintain control of their tempers and never allow themselves to be provoked by rude or uncivil language. Agents must follow the procedures outlined in Index Code 401-Firearms/Use of Force.

C. After an agent has made an arrest, he/she will search the accused and transport them as soon as possible to the appropriate booking/holding facility, as outlined in Index Code 2003 - Prisoner Search and Transport. The agent is responsible for ensuring all associated documentation, to include incident reports and charging documents are completed. The agent is also responsible for the welfare of any arrestee until custody has been transferred to the appropriate facility or until release of an arrestee once all booking and charging procedures have been completed.

II. CANCELLATION

None.