ARREST
Arrest
The responding officer must arrest the
suspect whenever an arrest is mandated.
Mandatory/Pro Arrest
An officer SHALL arrest the predominant
physical aggressor if there is probable
cause.
What is
Probable Cause?
The combination of facts and circumstances
that leads a Law Enforcement Officer
to believe that a crime has been committed
Probable Cause
Who is the primary aggressor?
Context Assessment
Aggressor Identification
POLICE TRAINING USE ONLY
Offensive or Defense?
The Meaning of “SHALL”

If you do not comply, you’re not following
the law.

If you are not following the law, you are not
covered by immunity.

If you are not immune, you
are susceptible to law suits.

You MUST do it!
Primary Physical Aggressor
Vs.
PREDOMINANT Aggressor
Primary physical aggressor
does NOT mean first to strike out
Think in terms of the
PREDOMINANT aggressor
Training Exercise
Handling the Call:
Domestic Violence Vignettes
Scene 13
“Boom! She Knocked Me Across the Head”
Scene 14
Interview for Previous Scene
Why Do We Need
Strict Arrest Laws?
To Protect Victims
And
Hold Offenders Accountable
Does your probable cause
support an arrest?

Specific crime
elements

Witness statements

All other evidence
Absence of Probable Cause
NEVER leave the scene using
threatening words.
What Do You NOT Consider
in the Arrest Decision? (1)
 Claims that victim provoked the violence
 Mental health of victim or suspect
 Verbal assurances that violence will stop
 Ownership/tenancy rights of shared residence
DO NOT Consider
in the Arrest Decision (2)

Drug or alcohol use

Denial of abuse

Uncooperative victim

Marital/Financial status
of the parties involved.
Dual Arrest (1)

Inappropriate Dual Arrests =
Increased Liability

False Arrest = Civil Jeopardy
Dual Arrest (2)

Must have probable cause

Thorough on-scene investigation

Must document grounds for dual arrest
Why Should an Officer
Avoid Dual Arrests?
Self-Defense &
Cross-Complaints

Defensive injuries
 Primary aggressor
 Cross-complaints
Dual Arrest
& False Arrest
Quality decisions,
including arrest of
the primary
aggressor, interrupt
the cycles of
violence and can
prevent future
domestic violence
incidents.
High Profile Offenders
Should be treated the same
as any other domestic violence suspect
Responding to Violations
of Protective Orders
ALL Violations should be taken seriously
There are 17 REMEDIES
in an Order of Protection:
Six are Police Enforceable
All Remedies
in a Civil No Contact Order
Are Police Enforceable
Acknowledgements
Resources provided by:
- Mark Wynn, Wynn Consulting –
www.markwynn.com
- 4th Judicial Circuit FVCC Law Enforcement
Committee
- OVW Rural Grant Committee, 4th Judicial Circuit
- Law Enforcement Resource Center & Minnesota
Program Development, Inc., 2000
This project was supported by Grant #2011-WE-AX-0055, awarded
by the Office on Violence Against Women, U.S. Department of
Justice, through the Illinois Violence Prevention Authority.
The original project was supported by Grant # 2008-WR-AX-0016,
awarded by the Office on Violence Against Women, U.S.
Department of Justice, through the Illinois Criminal Justice
Information Authority.
Points of view, opinions, findings, conclusions or recommendations
contained within this document are those of the author and do not
necessarily represent the official position or policies of the U.S.
Department of Justice, Office on Violence Against Women, Illinois
Violence Prevention Authority, or the Illinois Criminal Justice
Information Authority.