DELAND POLICE DEPARTMENT
Chief William E. Ridgway
Departmental Standards Directive
TITLE: ARREST PROCEDURES
CODIFIED:
CFA STD:
5.3
N/A
DATE OF ISSUE:
03.08.10
EFFECTIVE DATE:
03.08.10
RESCINDS/
AMENDS:
01.12.07
PAGES:
ATTACHMENTS
14
3
PURPOSE
The purpose of this Directive is to establish guidelines for sworn members of the DeLand Police
Department when effecting or determining whether to arrest a suspected law violator.
DISCUSSION
Chapter 901, Florida State Statutes, entitled "Arrest," and Florida Rules of Criminal Procedure outline the
authority, methods and circumstances in which a law enforcement officer may affect an arrest. DeLand
police officers have full police authority to make arrests and execute all legal process within DeLand city
limits. Officers are considered to be private citizens outside of DeLand, unless an arrest is made in “fresh
pursuit” (FSS 901.25) or pursuant to a mutual aid agreement within the State of Florida. Officers shall use
discretion and good judgment when affecting an arrest.
POLICY
It shall be the policy of the DeLand Police Department to affect the arrest of subjects who violate criminal
laws, or to employ alternatives to physical arrest whenever appropriate. It shall further be department policy
that arrests of violators will not be influenced by factors other than those related to the criminal violation of
a State Statute or Municipal Ordinance.
DEFINITIONS
Arrest – The taking of a person into physical custody to answer to a criminal charge by a law enforcement
officer.
Notice to Appear – A written order issued by a law enforcement officer requiring a person accused of
violating the law to appear in a designated court or governmental office at a specified date and time or pay a
fine. The issuance of a Notice to Appear shall not be construed to affect a law enforcement officer’s
authority to conduct an otherwise lawful search, as provided by law.
Discretion – Statutory and the employing agency’s limits imposed upon the authority and actions of a law
enforcement officer.
Fugitive – Any person charged in another state with treason, felony, or other crime, who has fled from
justice and is found in this state.
Warrant - A written authorization, usually signed by a judge, authorizing a search, seizure or arrest.
PROCEDURE
WHEN TO ARREST
5.3.1 If a violation of the law has occurred it is the responsibility of a police officer to take all steps
reasonable, necessary and consistent with his/her assignment, to affect an arrest. In cases where
witnesses exist, or when the victim can be called as a witness, officers are encouraged to file
charges.
WHEN NOT TO ARREST
5.3.2 Any decision not to arrest must be reached only after the officer has carefully weighed the following
guidelines:

If the arrest would cause a greater risk of harm to the general public than if the offender remained on the
streets. For example, in a crowd situation a police officer's decision to arrest may aggravate tension and
lead to a riot or other serious disorder.

Police resources may be stretched to their limit, e.g., on a particularly busy night, arrests for minor
offenses may consume officers’ time preventing them from responding to more serious crimes.

When circumstances exist that prevent an officer from making an arrest at the time an offense occurs,
the officer has the option of filing a complaint affidavit against the offender at a later date.

Misdemeanor traffic violations may be handled with the issuance of citations and the release of the
offender, if appropriate.

When the arrest would cause unnecessary harm to an offender who poses no threat or danger to the
public. For example, an intoxicated person who is harmless and at most needs assistance in getting
home, or a juvenile offender whose minor wrong-doing might best be handled through warnings, advice,
and/or a talk with the parents.

When a different type of police action is more appropriate to the situation, such as a Baker Act,
Marchman Act, or a referral to a social service agency.
5.3.3 If there is any doubt whether to arrest or not, officers shall consult with a supervisor prior to
making a final decision.
OFF-DUTY ARRESTS/OFFICIAL ACTION
5.3.4 Officers are encouraged to avoid engaging in arrests of persons or taking official police action for
minor incidents while off-duty. An off-duty arrest shall only be initiated when there is an immediate
risk of serious bodily injury or death. In all other incidents the officer shall attempt to obtain as
much information as possible and report the information to on-duty personnel.
5.3.5 If an officer initiates police action while off-duty and within the City limits of DeLand, he/ she will
be departmentally recognized as being on-duty at the moment the action is taken.
5.3.6 Off-duty, officers of this Department shall not make an arrest or take official police action:

In their own quarrels or those of their families, or in disputes arising between their neighbors, except in
such circumstances as would justify them in using self-defense, to prevent injury to another, or when a
serious violent crime has been committed;

When engaged in off-duty employment of a non-police nature, and the officer’s actions are only in
furtherance of the interests of the private employer;

When the arrest is made or action taken is solely as enforcement of a minor traffic regulation. Despite
the fact that a police officer has police powers and responsibilities 24 hours a day throughout the
jurisdiction, an off-duty officer should not enforce minor traffic laws;

After consumption of alcoholic beverages, except when necessary to prevent death or serious injury to
any person; or

While off-duty in another jurisdiction using the authority of the DeLand Police Department.
5.3.7 Any time police action is taken by an off-duty officer, a report on such action will be completed
immediately after the arrest.
5.3.8 Any arrest made off-duty, not in conformance with policy, shall be considered not in the course and
scope of employment with the City of DeLand.
ACTUAL ARREST / LAWFUL DETENTIONS
5.3.9 Officers shall strictly observe the laws of arrest and the following provisions:

To ensure the safety of the subject and the officer, only department approved restraints shall be
employed.

All suspects under arrest shall be handcuffed, double locked, with their hands behind their back
(unless physical limitations exist that require handcuffing in front) while being transported.

A person who is either the subject of a pat down or a search shall be patted down or searched by an
officer of the same sex. Only under the extenuating circumstances of an articulable immediate threat
to officer safety, or no officer of the same gender being available within this Department or a
neighboring Law Enforcement Agency, shall an officer pat down or search a person of the opposite
gender. If an officer must search or pat down a person of the opposite sex, he or she shall utilize the
backs of their gloved hands and every effort shall be made to have an additional law enforcement
officer present as a witness. The extenuating circumstances, name of the law enforcement officer
present as a witness, or reason for lack thereof, shall be documented in the arrest report or a field
contact card.
5.3.10 The arresting officer is responsible for the security of personal property in the possession of the
arrested person, or under his/her control at the time of arrest, until it is turned over to another
authorized person or agency.
5.3.11 The arresting officer is responsible for the safety and protection of the arrested person while in their
custody.
5.3.12 The arresting officer shall ensure that those rights as mandated by law are provided to the arrested
person.
ARREST WITHOUT WARRANT
5.3.13 Florida State Statute 901.15 details when an arrest by an officer without a warrant is lawful.
ARREST WITH WARRANT
5.3.14 When an officer arrests on a warrant, there is no requirement that the crime must have been
committed in the officer's presence, or that the officer has any independent knowledge of the crime.
The only requirement of an officer executing a warrant is to determine:

Whether or not the suspect is the one for whom the warrant was issued;

Whether the warrant is valid on its face.

Whether the warrant is active.
5.3.15 With respect to the first requirement, an officer is required to use reasonable diligence to make sure
the person arrested is, in fact, the subject named in the warrant. When officers are in doubt, they must
use simple and direct means of checking on identification when such means exists. Failure to do so
may result in liability falling upon the officers personally and/or the agency, Wallner v. Fidelity and
Deposit Co. of Maryland, 33 N.W. 2nd 215 (Wisc. 1948). Photographs, fingerprint classification
information and other intelligence material are often essential to ensure a proper arrest.
5.3.16 In order to determine whether or not a warrant is valid on its face, it should:

Have been issued by a court of competent jurisdiction;

Charge the commission of a crime;

Charge an identifiable person; and

Be signed by a judge.
5.3.17 If a warrant is valid on its face and is executed against the proper person in a reasonable manner, the
officers are protected from any civil liability for false arrest.
5.3.18 The issuing court may direct any or all law enforcement officers to execute the warrant.
5.3.19 Officers executing an arrest warrant on a person at his/her residence must first knock and announce
their presence, purpose and authority, except as provided below. If the officers fail to gain admittance
after they have knocked and announced their presence, purpose and authority, they may use
reasonable force to enter the premises to affect such an arrest with a warrant. If the subject of the
arrest warrant is not a resident of that location, a search warrant must be obtained.
5.3.20 Although Florida does not have a "no-knock" arrest warrant, Benefield v. State, 160 S2nd 706, a
Florida Supreme Court case, has given officers serving a “no-knock” warrant four exceptions.
Officers need not knock and announce their presence if any of the four following exceptions
exists:

The person within already knows of the officers' purpose and authority; or

The officers justifiably believe that persons within are in imminent danger of immediate bodily harm; or

The officers peril will be increased were they to knock and announce; or

The officers have a justifiable belief that a person inside will attempt to escape or destroy evidence.
5.3.21 The aforementioned exceptions are just those—exceptions—passive entry or forcible entry without
notice should never become the rule or normal procedure.
NOTICE TO APPEAR AUTHORITY
5.3.22 Florida Rules of Criminal Procedure, Rule 3.125, specifies the types of violations for which a "Notice
to Appear" may be issued (State misdemeanors or violations of municipal or county ordinances);
describes the information required on Notice to Appear forms, and establishes requisites for its use.
5.3.23 F.S.S. 901.28 provides that the issuance of a Notice to Appear shall not be construed to affect a law
enforcement officer's authority to conduct an otherwise lawful search.
5.3.24 F.S.S. 901.29 authorizes the taking of a person issued a Notice to Appear to a medical facility for
treatment, if necessary.
5.3.25 F.S.S. 901.31 outlines the penalty for willful failure to appear.
NOTICE TO APPEAR GUIDELINES
5.3.26 The Rules of Criminal Procedure give police officers the authority to release from custody a person
arrested for any 1st or 2nd degree State misdemeanor or any county or municipal ordinance if the
person signs a written Notice to Appear. Officers have discretion to:

Release the violator(s) in lieu of taking them to jail upon their signing a Notice to Appear;

Make a physical arrest of the violator(s) and place them in jail; or

Release the violator(s) at the police station by having them sign a Notice to Appear.
5.3.27 All persons charged with a State misdemeanor or County or Municipal ordinance are eligible to be
issued a Notice to Appear if the following conditions exist:

The violator identifies himself/herself and supplies reasonable proof of ID, date of birth and current
mailing address;

The violator signs the Notice to Appear;

The potential for continued violence or conflict does not exist;

The violator has ties with the community sufficient to assure the accused’s appearance;

The faculties of the violator are not impaired by alcohol or drugs to the extent that he/she is unable to
function and assume responsibility for himself/herself;

The violator is not a juvenile;

A name check by the officer reveals there are no outstanding warrants for the violator and there is no
prior history for failing to appear in court; and/or

The offense is not one of the following:

Prostitution;

Violation of domestic violence injunction;

A domestic violence offense;

Driving Under the Influence;

Child Abuse.
NOTE: Unless otherwise advised by competent authority, it is not the policy of the DeLand Police
Department to take a person into physical custody for municipal ordinance violations. If a person must be
taken into physical custody, the appropriate State charge shall be used if at all possible. Municipal ordinance
violations requiring transport must have supervisory approval.
NOTICE TO APPEAR PROCEDURE
5.3.28 The subject will be advised what charge he/she is under arrest for. If he/she is eligible, a Notice to
Appear may be issued. If the requirements are not met, he/she shall be arrested, transported to jail
and booked.
5.3.29 If eligibility requirements are met advise the violator a Notice to Appear is being issued in lieu of
arrest.
5.3.30 Fill out the Notice to Appear in its entirety, including the amount of fine on the back of the violator's
copy, if applicable.
5.3.31 Indicate Mandatory or Non-mandatory Court Appearance.
5.3.32 If mandatory appearance is required, check the proper box on the charging document, then write in
the court information section: TO BE NOTIFIED.
5.3.33 If non-mandatory appearance is appropriate, then check the appropriate box and write on the
charging document in the court information box: PAY FINE OR CONTACT CLERK FOR COURT
DATE.
5.3.34 Record the location of the Clerk's Office, the amount of the fine, and the County of the Court
(Volusia).
5.3.35 Explain the process to the defendant.
5.3.36 In traffic cases the arresting or issuing officer shall not set a court date on criminal and infraction
citations. The Clerk of the Court will set the court dates on criminal infractions. On traffic
infractions, the defendant can pay the fine within thirty (30) days or contact the Clerk of the Court
for a court date.
5.3.37 Court appearance is mandatory for the following state statute misdemeanor violations:

Resisting Arrest Without Violence;

Retail Theft;

Possession of Marijuana (under 20 grams) & Related Drug Paraphernalia;

Noise Complaints (non-traffic);

Animal Complaints involving excessive noise or viciousness;

Complaints involving cruelty to animals;

Boating Violations involving BUI or Reckless Operation.
5.3.38 Court appearance is not required for the following State Statute violations:

856.011 Disorderly Intoxication;

810.08 Trespassing (structure or conveyance);

810.09 Trespassing (property);

562.111 Possession of Alcohol by a person under 21 years of age.

562.11(2) Misrepresenting age to obtain alcohol;

562.11(1)(a)
Giving alcohol to minor;

322.212(5)(b)
Altering date of birth on drivers license or ID card;

322.051(6) Unlawful use of an ID;

322.32(3)

843.03 Obstruction by disguise.
Unlawful use of a DL; and
5.3.39 For State Statute violations not listed above a Court appearance is required. For a complete listing of
mandatory court appearance violations, see Attachment 14-1-A.
5.3.40 No court information will be annotated on a Notice to Appear other than “Pay fine or contact Clerk
for court date”.
BONDSMEN & BOUNTY HUNTERS
5.3.41 In the event that a bail bondsman or bounty hunter requests assistance the following procedures
will apply:

Communications will notify the on-duty supervisor of the request

The supervisor shall accompany the zone unit or other unit to the scene.

The supervisor will meet with the bondsman or bounty hunter and verify their credentials as well as
all paperwork.

The officer will adhere to arrest guidelines outlined elsewhere in this directive.

If the subject of the warrant is not at home and the bondsman or bounty hunter wishes to remain in the
area for surveillance, the officer will go back in service and notify the supervisor and
communications.
FUGITIVE ARREST PROCEDURES:
OUT OF STATE
5.3.42 The Originating Agency is defined as any law enforcement agency empowered to enter fugitive
information into any of the various law enforcement teletype networks.
5.3.43 Upon encountering a fugitive from another state, the arresting officer will immediately contact the
originating agency to determine that the subject is currently a fugitive.
5.3.44 Fugitives from another state will be arrested only on the basis of a teletype, telegram, or a certified
copy of a warrant from the originating agency.
5.3.45 The teletype/telegram must state the statute violated, facts establishing probable cause for arrest and
that a warrant has been issued.
5.3.46 If the teletype indicates that the originating agency will not extradite, or that it will extradite only
from specified states (other than Florida), the subject shall be released from custody after an incident
report is completed.
5.3.47 With supervisory approval, a subject who is wanted for a felony violation may be held for a
reasonable period of time to confirm that the extradition information is current.
5.3.48 A subject arrested for an out of state warrant cannot be booked into the Branch Jail without
originating agency confirmation.
5.3.49 The subject will be booked as a "fugitive - re: original charge and originating jurisdiction". For
example, if the warrant is for grand theft from New York, the charging document should state
"Fugitive - Grand Theft, New York."
5.3.50 The bond information for the fugitive charge should read NO BOND.
5.3.51 The circumstances on the charging document will read that the subject was arrested by virtue of a
warrant/teletype. Also appearing in the circumstances section will be the name, phone number and
address of the originating agency. Also appearing will be the exact charge for which the subject is
wanted. A copy of the original teletype or warrant will be attached to the charging document.
5.3.52 In all cases, the investigating officer will file an incident report.
FUGITIVE ARREST PROCEDURES:
IN STATE
5.3.53 Upon encountering a fugitive from another jurisdiction within the State of Florida, the arresting
officer will immediately attempt to contact the originating agency. Prior to transporting, it will be
confirmed the subject is currently a fugitive. This will be supported with a teletype, telegram, or by a
true and attested certified warrant from the originating agency. The original documents will be
attached to the affidavit.
5.3.54 The subject may not be booked into the Branch Jail without confirmation from the originating
agency.
5.3.55 The subject will be booked as a fugitive from justice. The statute number (901.15) will appear in the
appropriate space on the affidavit. If there is more than one charge and more than one warrant, but
originating from the same jurisdiction, the warrant numbers and information can be placed on the
same affidavit. However, when warrants originate from multiple jurisdictions, a separate charging
document shall be completed for each jurisdiction.
5.3.56 The circumstances on the affidavit will read that the subject was arrested as a fugitive from justice by
virtue of a teletype/warrant. When the warrant is not available at booking, the teletype will be
evidence of the existence of a warrant. The name, address and phone number of the originating
agency will appear on the affidavit. The circumstances will also reflect the actual charge for which
the warrant was issued.
5.3.57 If the originating agency can accept custody of the prisoner prior to the first appearance hearing, the
prisoner may be released to their custody. However, if the prisoner is detained at any length, a
charging document must be completed.
5.3.58 If the teletype indicates that the originating agency in Florida will not pick up the subject in Volusia
County, the subject shall be released from custody after an incident report is completed. With
supervisor approval, a subject who is wanted for a felony violation may be held for a reasonable
period of time to confirm that the originating agency will not come pick up the subject in Volusia
County.
FUGITIVE ARREST PROCEDURES:
PROBABLE CAUSE ARREST
5.3.59 F.S. 901.15 (2) & (3) provides that an officer is authorized to make an arrest if there are reasonable
grounds to believe that a felony has been committed and the person to be arrested committed it. This
Directive provides direction for handling fugitives in probable cause situations.
5.3.60 Fugitives will not be arrested on probable cause without prior supervisory approval.
5.3.61 Prior to booking, it will be determined that the subject is currently a fugitive. This will be
supported with a teletype, telegram, or other correspondence. In this case, the teletype must state
sufficient information to establish probable cause to arrest from the originating agency. The
original documents will be attached to the charging document.
5.3.62 When prisoners appear at their first appearance hearing, they will be turned over to the custody of
the Sheriff.
FUGITIVE ARREST PROCEDURES
WITHIN VOLUSIA COUNTY
5.3.63 When a person is arrested within Volusia County on a Volusia County warrant, he/she is not a
fugitive from justice. The subject will be booked on the exact charge reflected in the warrant. If
there are multiple warrants from Volusia County, one charging document may be used. Incident
reports are not required for Volusia County warrants.
COMBINATION OF CHARGES
5.3.64 It is the policy of this Department that misdemeanor charges in a felony case will not be made along
with the felony charge, unless the facts and circumstances surrounding the misdemeanor charges are
so unrelated to the felony charge so as to preclude any possibility of the misdemeanor charge being
considered a lesser included offense of the felony charge.
5.3.65 In cases when both misdemeanor and felony charges are placed the State Statute, rather than the
municipal ordinance (if applicable) covering the misdemeanor charge, shall be used in addition to
the felony charge whenever possible for purposes of convenience, and all arrest reports will be
forwarded to the State Attorney's Office.
5.3.66 If there is not a State Statute covering the misdemeanor charge and the municipal code violation
must be used, be sure to clearly indicate such in the report so the State Attorney's Office will be
aware of the municipal code violation and be in a position to take whatever action deemed
necessary.
MULTIPLE CHARGES
5.3.67 Multiple charges are to be listed on the charging document in order of their decreasing severity,
with the most serious charge listed first. Seriousness is defined by statutory/penalty classification
in the following order:

Capital Felony;

Life Felony;

Felony 1;

Felony 2;

Felony 3;

Misdemeanor 1;

Misdemeanor 2;

Municipal Ordinance Violations.
5.3.68 Where there are multiple charges and the charges are of the same statutory/penalty classification,
the preparer has discretion which to list first on the charging document.
RELEASE FROM CUSTODY PROCEDURES
5.3.69 This procedure addresses a situation created when there is a proper arrest, with probable cause, but
because of evidence found shortly after the arrest, there exists a reason to release the subject from
custody as determined by the new information. For the purposes of this section only, the actual
“arrest” will have occurred when the subject is taken into custody and transported or placed in a
transport vehicle.
5.3.70 Many arrests are made in the absence of an arrest warrant, based on probable cause as determined
by the arresting officer. The arrest is made based on the facts available at the time to the officer.
Occasionally, new facts come to light shortly after the arrest, which indicate that the arrestee is not
the person who committed the crime or that no crime, in fact, has been committed. The police
officer is not at fault in such situations, as the original arrest was made on objective probable
cause.
5.3.71 When newly discovered evidence conclusively negates the guilt of an arrestee, that person should
be released immediately. It is better to expeditiously release the arrestee when the harm is minimal
than to wait for the Court to release the arrestee later.
5.3.72 If new evidence conclusively negates the guilt of the person arrested, after the person is confined to
the County Jail, that evidence should be made known to a judge or Assistant State Attorney to
make a proper determination and take the action he/she deems appropriate.
5.3.73 It will be the responsibility of the arresting officer to contact the Shift Deputy Chief, via chain of
command, prior to releasing any individual from custody.
5.3.74 The officer will submit a comprehensive incident report of the circumstances surrounding the
incident. A copy of this report will be attached to the daily Deputy Chief's Report for routing to
Professional Standards.
5.3.75 In cases where the individual has been fingerprinted prior to being released from custody, all
copies of the print cards will be collected and attached to the officer's report.
5.3.76 The Shift Deputy Chief, or designee, will have the released individual returned to where the person
was arrested. It will be at the discretion of the Shift Deputy Chief to authorize transporting the
subject to a different location.
5.3.77 If the released individual's vehicle was towed as a result of, or in connection with the arrest, the
Shift Deputy Chief, or designee, will make the necessary arrangements to have the vehicle
released at no charge to the subject, provided no independent grounds existed justifying the towing
of the vehicle.
5.3.78 A person’s position or standing in the community will have no bearing on the charging of a person
for a criminal violation.
ARREST REPORTS
5.3.79 Officers making arrests, including a Notice to Appear, shall be required to complete paperwork
according to the following guidelines.
5.3.80 Arrests for misdemeanor charges and outstanding warrants require a charging document only. If an
officer has Vehicle, Evidence, Disclaimer, or other form(s), they will be submitted along with a
copy of the charging document to Records.
5.3.81 A report shall be written any time there is relevant information which is not, or cannot be, included
in the narrative of the charging document, including instances where a complaint affidavit is
completed.
5.3.82 A report shall be written on all felony cases.
5.3.83 Nothing in this section shall be construed as being intended to discourage officers from writing a
report. Officers should write a report any time the circumstances warrant one, or as may be
directed by competent authority.
JUVENILE RELATED ISSUES
5.3.84 Officers cannot, under any circumstances, issue a Notice to Appear to a juvenile.
5.3.85 A juvenile placed under arrest or charged by complaint a affidavit for Florida State Statute
Violations can only be released to a "parent, guardian, or legal custodian, (or), if...unavailable,
unwilling or unable to provide supervision for the child, to any responsible adult." (F.S. 39.038).
The parent or responsible adult, who takes custody of the juvenile, shall sign the complaint
affidavit in the appropriate signature section. If a parent or responsible adult cannot be contacted
or refuses to take custody of the juvenile, the juvenile will be transported to the Juvenile Detention
Facility.
5.3.86 Officers shall exercise discretion in arresting juveniles and, if possible, utilize warnings or
complaint affidavits for minor offenses.
PATIENTS AND PRISONERS UNDER ARREST AT A MEDICAL CENTER EMERGENCY
FACILITY
5.3.87 When a person under arrest is taken to a Hospital Emergency Room, the transporting officer will
advise the intake staff if the patient was arrested under a State Statute or Municipal Ordinance.
This information will be entered into the admittance booking from by the intake personnel and
will become a part of his/her medical records for the purpose of billing.
5.3.88 Officers accompanying sick or injured prisoners into the Emergency Department at the Hospital
shall remain with the prisoner and be responsible for maintaining custody of the prisoner at all
times.
5.3.89 Officers will stay in the immediate area of the patient's bedside except during x-rays, some
portions of the exam and treatment at the doctor's or registered nurse's discretion.
5.3.90 In cases where an officer is requested to leave the immediate area of a patient under arrest, the
Emergency Department staff shall designate an appropriate waiting area.
5.3.91 Officers may use restraining devices to maintain custody, but may be requested to remove such
devices or alter their placement to facilitate examination and/or treatment.
5.3.92 It shall be the sole discretion of the officer (not medical personnel), taking into account the
behavior, charges, past criminal history and attitude of the subject in custody when determining
whether the subject may have his/her restraints removed or be left unguarded.
5.3.93 A prisoner shall maintain rights afforded to all patients; i.e., information regarding illness/injury,
type of treatment, and have the right to accept or refuse treatment.
5.3.94 A copy of the patient's chart and appropriate lab and x-ray information shall be sealed in an
envelope, and accompany the patient to the receiving facility (jail) upon discharge from the
Emergency Department.
READING OF RIGHTS
5.3.95 At the time of his/her arrest, each arrestee shall be advised of the nature of the charges against
him/her.
5.3.96 If custodial questioning regarding the offense is to follow, he/she must first be advised of his/her
Miranda Rights.
CORRECTIONS: INTERSTATE COOPERATION
5.3.97 Section I of Chapter 941 defines “Fugitives from Justice”, outlines the authority of the Governor,
and the procedures for extradition, including waiver, arrest and bail.
5.3.98 Section II of Chapter 941 explains the Interstate agreement on detainers.
5.3.99 Section III of Chapter 941 provides for mutual cooperation between states for the confinement of
offenders who have been convicted of crimes, face confinement in more than one state, but are
incarcerated in other states.
DRIVING UNDER THE INFLUENCE ARRESTS
5.3.100 All arrests for the offense of Driving Under the Influence of Alcohol or Drugs shall be processed
in accordance with applicable Florida State Statutes.
5.3.101 All DUI Arrests shall contain the following paperwork at a minimum:

Arrest Affidavit (SA798 and accompanying paperwork);

Offense Report (Required in all felony DUI Cases);

Uniform Traffic Citations;

DUI Citations;

Intoxilyzer Results (if applicable);

Breath Test Result Affidavit (if applicable);

Operational Checklist (if applicable);

Drivers License

Refusal Form (If applicable);

Implied Consent Form (If applicable).
5.3.102 All DUI arrest paperwork shall be processed and distributed in accordance with Records
Distribution Directives.
CONTACT WITH ARRESTEES
5.3.103 Any persons taken into custody by the DeLand Police Department will not be allowed contact
with any family members, friends or cohabitants while in custody without the prior authorization
of the on-duty supervisor.
5.3.104 If a supervisor does approve of the contact, the contact shall not take place in the holding area
5.3.105 All persons authorized to make contact with a person in custody will be subject to a complete
search both before contact is made and after contact has terminated.
5.3.106 Persons taken into custody by the Department, who are family members, friends or cohabitants of
current or past Department members, shall not be allowed contact with the respective Department
member without prior approval of the on-duty supervisor.
5.3.107 An on-duty supervisor may grant authority for a member or other person to have contact with a
friend, relative, or cohabitant who has been arrested, if the contact may ease or expedite the
processing of the arrestee.
5.3.108 In the event a known friend, relative, or cohabitant of a department member is taken into custody,
it will be the responsibility of the on-duty supervisor to notify the department member as soon as
possible. members (on-duty or off-duty) are prohibited from contacting friends, relatives, or
cohabitants who have been detained or taken into custody without the prior approval of the onduty supervisor.
ATTACHMENTS
Attachment 5.3–A: “Notice to Appear Fine Schedule”
Attachment 5.3-B: State criminal charges fine schedule.
Attachment 5.3-C: Quick reference for traffic statutes
DRAFTED: RIG—05/2001
REVISED: PCG—10/2002
REVISED: PCG---05/2004
REVISED: GRB---07/2006
REVISED: JFA—01/2008
REVISED: JFA—03/2010