NORTHWEST FLORIDA STATE COLLEGE POLICE DEPARTMENT
GENERAL ORDERS MANUAL
SUBJECT
Arrest
GO 5
William F. Looper, Chief of Police
EFFECTIVE DATE
REVISION DATE
PAGES
1 of 12
AUTHORITY/RELATED REFERENCES
28 Code of Federal Regulations (CFR), Section 35.107, Americans with Disabilities Act
Florida State Statutes, Chapter 117.10, Officer as Notary
Florida State Statutes, Chapter 741.30, Domestic Violence
Florida State Statutes, Chapter 901, Arrests
Florida State Statutes, Chapter 933, Search Warrants
General Order 7, Searches
General Order 13, Arrest Warrants
General Order 15, Search Warrants
General Order 41, Transporting Prisoners and Civilians
Standard Operating Procedure 40, Traffic Law Enforcement
ACCREDITATION REFERENCES
CFA Chapter 2
KEY WORD INDEX
Alternatives to Arrest ........................................................................... Procedure VII
Arrest Authority .................................................................................... Procedure II
Arrest Without Capias or Warrant....................................................... Procedure IV
General Guidelines............................................................................... Procedure I
General Field Arrest ............................................................................. Procedure III
Issuance of Notice To Appear ............................................................. Procedure V
Use of Restraints .................................................................................. Procedure VI
PROCEDURE STATEMENT
The purpose of this order is to establish procedures concerning arrests. This order
supports Northwest Florida State College policy and the Northwest Florida State College
Police Department’s core value of “Integrity”. Officers shall use reasonable judgment and
appropriate discretion when making decisions that may lead to an arrest. Officers shall
NORTHWEST FLORIDA STATE COLLEGE POLICE DEPARTMENT
abide by the United States Constitution, the Florida State Statutes, and other applicable
legal guidelines in all arrest situations.
DEFINITIONS
Arrest: To deprive a person of his or her liberty by legal authority to answer a criminal
charge.
Detainee: Someone being held in custody or confinement (may be under physical
restraint); refer to definition of prisoner.
Field Release: A "Field Release" shall be a procedure whereby an eligible violator is
immediately released upon the officer completing the Notice to Appear and the violator
signing and receiving a copy.
Notice to Appear (NTA): “Notice to Appear” means (unless indicated otherwise), a
written order issued by a law enforcement officer in lieu of physical arrest requiring a
person accused of violating the law to appear in a designated court at a specified date
and time.
Physical Arrest: The "Physical Arrest" shall be that procedure whereby the officer takes
the violator into custody for the purpose of booking him into the Okaloosa County Jail or
Okaloosa Regional Juvenile Detention Center.
Prisoner: Any person arrested and/or in custody of a law enforcement officer or agency.
Qualified Interpreter: A professional who facilitates communication between deaf and
hearing individuals; who interprets effectively, accurately and impartially both receptively
and expressively using any necessary specialized vocabulary. Has specialized training in
interpreting from one language to another, i.e.; American Sign Language (ASL) to English
and English to ASL. Simply knowing both sign language and English does not qualify a
person as an interpreter, whose role is to accurately convey all messages between the
individuals involved in the communication setting.
PROCEDURES
I.
GENERAL GUIDELINES
A. Laws and ordinances exist for the benefit of all citizens without regard to race,
creed, or social status. It is the obligation of members of NWFSCPD to take
whatever action may be necessary to enforce these laws and ordinances with
equality and impartiality.
B. In order to be most effective in suppressing and preventing crime, enforcement
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NORTHWEST FLORIDA STATE COLLEGE POLICE DEPARTMENT
efforts should be keyed to time and location, to relative seriousness of the
crimes occurring, to crime preventable by police action, and to those which
foster additional and more serious crimes.
C. Law enforcement is directed toward those who engage in unlawful activity
and/or interfere with the rights and personal safety of others. To arrest and
detain such persons is not to deny them their assured rights, since no person
has the right to violate the law, but it is rather the duty and responsibility of the
police acting as agents for society.
D. Officers must exercise some degree of discretion in the application of
enforcement action, as there often are methods of effectively accomplishing
the purpose of the law other than arrest. When the offense is minor, or in
violation of a regulatory measure and lacks a specific victim, the police mission
can sometimes be accomplished by a courteous warning or by issuance of a
Notice to Appear in lieu of physical arrest. Regardless of the nature of
enforcement action taken officers must remain objective and professional in
contacts with offenders.
II.
ARREST AUTHORITY
A. NWFSCPD sworn officers are police officers with police authority and are
responsible for making arrests and executing certain legal processes as
outlined in Florida State Statutes.
1. A police officer has the authority to arrest on fresh pursuit outside of College
property for either a felony, misdemeanor, or city ordinance violation
(Florida Statutes 901.25).
2. Any officer making such an arrest outside of Okaloosa County must
immediately notify the officer in charge of the jurisdiction in which the arrest
is made. The officer making the arrest, along with the officer in charge of
the jurisdiction, must take the arrested person, without unnecessary delay,
before a county court judge or other committing magistrate of the county in
which the arrest is made.
B. Florida Statute 901.27-32 and Rule 3.125 of the Florida Rules of Criminal
Procedure provide that police officers may cite a person for violating a State
Misdemeanor (1st and 2nd degree) or a Municipal Ordinance with a written
"Notice to Appear" Citation after an arrest. This rule does not alter the general
rule that an officer may arrest a person for a misdemeanor that takes place in
his presence.
1. It is the general policy of NWFSCPD to use a Notice to Appear in lieu of a
citation or physical arrest whenever the violator meets the eligibility
requirements, unless unusual circumstances exist.
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NORTHWEST FLORIDA STATE COLLEGE POLICE DEPARTMENT
III.
GENERAL FIELD ARREST
A. During all arrests, and the transportation of prisoners and/or other people,
officers should take precautions to avoid contamination by blood-borne
pathogens and airborne pathogens.
B. To protect against blood-borne pathogens officers should avoid contact with
the body fluids of another person if at all possible.
C. General arrest procedures are as follows:
1. Officers effecting an arrest shall exercise sound judgment and use the
utmost caution, distinguishing between foolhardiness and courage in
making an arrest. When investigating suspicious persons, officers shall
immediately summon assistance if the least doubt exists as to their safety
or the safety of others;
2. Officers shall not use unnecessary force or violence in making an arrest.
Officers shall use only such force as is necessary to effect a lawful arrest,
to prevent violence to another person, in self-defense, or to prevent an
escape;
3. Prior to interviewing or questioning an arrestee, officers shall advise the
arrestee of his or her constitutional rights and:
a. The fact that the arrestee has been advised of his or her
constitutional rights shall be documented in all reports including the
Arrest and Incident Report;
b. All statements related to the arrest charges or any other crime, including
admissions, denials, alibis, and anything else that could assist in the
prosecution of the case shall be documented in a report;
c. Arrestees should not be discouraged from talking about a case simply
because it has been assigned to an investigator, and
d. Arrestees should not be discouraged from talking about a case simply
because the officers already have sufficient evidence to support it.
4. In order to ensure effective communication with individuals who have
hearing impairments and/or other language barriers, NWFSCPD will obtain
appropriate auxiliary aids and services whenever necessary. In general, if
an individual who does have a hearing impairment would be subject to
police action without interrogation, then an interpreter will not be required,
unless one is necessary to explain the action being taken.
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NORTHWEST FLORIDA STATE COLLEGE POLICE DEPARTMENT
5. Appropriate auxiliary aids and services include written materials, note pads,
and qualified interpreters. The Americans with Disabilities Act (ADA)
requires that NWFSCPD provide an opportunity for individuals who are
those with hearing impairments and/or other language barriers to request
the auxiliary aids and services of their choice. NWFSCPD should honor
the request unless NWFSCPD can show that another effective method
exists or that providing the desired aid would fundamentally alter programs
or services or create undue financial and administrative burden.
a. Northwest Florida State College has a designated ADA coordinator in
accordance with 28 CFR (Code of Federal Regulations) 35.107; and
b. The NWFSC ADA Coordinator may be reached by calling (850) 7295365)
6. Employees who become involved with individuals with hearing impairments
and/or other language barriers shall:
a. Contact a supervisor who will work in conjunction with the College or a
mutual aid law enforcement agency to obtain an interpreter; or
b. Attempt to communicate effectively by writing questions on a note pad
and having the individual with a hearing impairment write a response. If
using the note pad is not effective or if the individual with a hearing
impairment requests an interpreter, employees shall contact their
immediate supervisors.
7. All persons arrested will be handcuffed in the proper manner and will remain
handcuffed until received at a booking point or by an investigator for a priorto-booking interview.
8. Officers shall prepare the necessary Arrest and Booking Report and record
all relevant information;
9. Supervisors shall approve all arrest reports (exceptions: capias, warrants,
court orders and rebooks). It is the responsibility of the supervisor to ensure
that the report is accurate and legible and that the elements of the offense
are clearly cited in the report's affidavit;
10. Officers shall search the scene of an arrest for weapons or evidence that
may have been concealed, dropped, or thrown away by the prisoner;
11. Officers shall sign the Arrest and Booking Report as the arresting officer in
the presence of a certified law enforcement or correctional officer. This
applies regardless of the court for which the prisoner is held or the charge(s)
placed against the person; and
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NORTHWEST FLORIDA STATE COLLEGE POLICE DEPARTMENT
12. Officers who feel that arrestees have provided false identity should wait until
positive identification has been made by correction’s personnel before
issuing any traffic citations. This will help avoid the necessity of voiding
citations, correcting DHSMV records, and future problems associated with
traffic citations issued in the wrong name.
D. If a person is under arrest, but requires hospitalization or for some other reason
cannot be physically booked at the time of arrest, the arrestee may be absentee
booked or be given a Notice to Appear if approved by the Patrol Lieutenant or
the Chief of Police.
IV.
ARREST WITHOUT CAPIAS OR WARRANT
A. Felony arrests without capias or warrants may be made:
1. When the person to be arrested has committed a felony in an officer's
presence;
2. When a felony has in fact been committed and there are reasonable
grounds to believe that the person to be arrested has committed it;
3. When there are reasonable grounds to believe that a felony has been or is
being committed and there are reasonable grounds to believe that the
person to be arrested has committed or is committing it; and
4. When the person is to be arrested under one of the circumstances
described above is in a residence, it is necessary that one or more of the
following circumstances exists before an arrest without a warrant or capias
can be made;
a. The arrest must be made immediately for the protection of any person,
including a police officer (delay caused by obtaining a warrant will
jeopardize the safety of innocent persons);
b. The arrest must be made immediately to prevent the successful flight of
the suspect;
c. The arrest is made pursuant to a lawful entry to prevent the
destruction of evidence;
d. The arrest is made by the officer in fresh pursuit of a suspect (the officer
has maintained visual contact with suspect during the suspect's flight to
avoid arrest), and the delay caused in obtaining an arrest warrant will
jeopardize the safety of innocent persons or allow the successful flight
of the suspect;
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NORTHWEST FLORIDA STATE COLLEGE POLICE DEPARTMENT
e. The arrest is made for a felony committed in the officer's presence in a
residence to which the officer has already been legally admitted;
f. The arrest is made after the officer develops probable cause for the
arrest after having been legally admitted to the residence;
g. When admission is pursuant to a search warrant and the officer, while
inside the residence, intends to arrest a suspect for a previous offense,
an arrest warrant shall be obtained.
h. The arrest is made after the officer has been lawfully admitted to the
residence by consent of an adult also living in the residence (e.g.,
domestic violence cases). The consent must be obtained without the
use of deception or coercion.
i. The arrest is made for a violation of law that is taking place in the
residence and the arrest is necessary to prevent a continued violation.
B. Misdemeanors or municipal ordinance violations arrests without capias or
warrants may be made:
1. When the person to be arrested has committed a misdemeanor or municipal
ordinance violation in the arresting officer's presence. The arrest shall be
made immediately or in fresh pursuit;
2. When operating under a mutual aid agreement with OCSO or NPD,
NWFSCPD officers can make arrests off of College property in Okaloosa
County for criminal offenses only after prior approval of the Chief of Police.
3. Under certain circumstances when probable cause exists, arrests for
misdemeanors are permitted by law. Florida Statute (F.S.) 901.15
authorizes a law enforcement officer to arrest without a warrant under the
following circumstances:
a. There is probable cause to believe that the person has knowingly
committed an act in violation of an injunction for protection entered to
F.S. 741.30 or F.S. 784.06 which creates a threat of imminent danger to
the petitioner or household members, over the objection of the petitioner,
if necessary;
b. There is probable cause to believe that the person has committed an act
of domestic violence as defined in F.S. 741.30, and the officer
reasonably believes there is a danger of violence unless the person
alleged to have committed the battery or child abuse is arrested without
delay;
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NORTHWEST FLORIDA STATE COLLEGE POLICE DEPARTMENT
c. A law enforcement officer who acts in good faith and exercises due care
in making an arrest pursuant to this subsection is immune from civil
liability that otherwise might result by reason of his action; and
d. The officer has determined that there is probable cause to believe that
a misdemeanor has been committed, based upon a signed affidavit
provided to the officer by a law enforcement officer of the United States
Government, recognized as such by United States statute, or a United
States military law enforcement officer, recognized as such by the
Uniform Code of Military Justice or the United States Department of
Defense Regulations, when the misdemeanor was committed in the
presence of the United States law enforcement officer or the United
States military law enforcement officer on federal military property over
which the state has maintained exclusive jurisdiction for such a
misdemeanor.
4. Instances where a police officer may make a warrantless arrest for a
misdemeanor which has not been committed in his presence:
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Battery, FS 784.03
Retail or farm theft, FS 812.015
Traffic crash arrest, FS 316.645
Carrying concealed weapon, FS 790.02
Disorderly conduct on the premises of an establishment, FS 509.143
Theft of personal property, FS 509.162
Trespassing upon school grounds, FS 810.097
Act of domestic violence, FS 741.30, 741.31, 901.15(7)
Stalking, FS 784.048
Possession of less than 20 grams of cannabis, FS 893.13(6)(b)
Violation of injunction against repeat violence, FS 784.046, 901.15(7)
Violation of injunction against domestic violence, FS 741.30, 905.15(7)
Criminal mischief or graffiti-related offense, FS 806.13
Possession of firearm or ammunition prohibited when person is subject
to an injunction against committing acts of violence, FS 790.233
Transit fare evasion, FS 812.015(4)
Trespass in a structure or conveyance, FS 810.08
Contributing to the delinquency or dependency of a child, FS 827.04
5. Certain categories of misdemeanors or municipal ordinance violations may
be issued an NTA in lieu of being booked into a detention facility or jail.
Officers are encouraged to utilize the Notice to Appear in cases where a
field release is possible and appropriate.
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NORTHWEST FLORIDA STATE COLLEGE POLICE DEPARTMENT
C. When a felony or misdemeanor arrest is based upon an affidavit of a
law enforcement officer of the Florida National Guard, a police officer has the
power to arrest if:
1. The officer has probable cause to believe that a felony or misdemeanor has
been committed based upon a signed affidavit provided to the officer by a
law enforcement officer of the Florida National Guard, recognized as such
by the Uniform Code of Military Justice or the United States Department of
Defense Regulations, when the Florida National Guard law enforcement
officer has probable cause to believe a felony was committed on state
military property or when a felony or misdemeanor was committed in his
presence on such property; and
2. The law enforcement officer of the Florida National Guard may detain the
person until the arrival of the law enforcement officer granted arrest
authority under this subsection.
V.
ISSUANCE OF NOTICE TO APPEAR
A. All individuals charged with a misdemeanor offense or ordinance violations are
eligible to be issued an NTA as long as the following conditions exist:
1. The violator, subject to lawful arrest, identifies himself sufficiently to permit
the exclusion of all others. Examples of acceptable identification include:
State of Florida driver's license or identification card, or a military
identification card;
2. The violator is a resident of the State of Florida (except for violators charged
with open container violations);
3. The violator agrees to sign;
4. The potential for continued violence by the violator or toward him does not
exist;
5. The faculties of the violator are not impaired by either alcohol or drugs to
the extent that he is unable to function and assume responsibility for
himself;
6. The violator is not a juvenile (existing NWFSCPD procedures shall be
observed in making the arrest or in releasing the juvenile to his parents or
guardian);
7. There is no warrant for the violator's arrest;
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NORTHWEST FLORIDA STATE COLLEGE POLICE DEPARTMENT
8. There is no previous history of failing to appear within the last twelve (12)
months in response to a notice issued subsequent to the violator's physical
arrest or issuance of a Notice to Appear;
9. If the charge is Petit Theft and the violator does not have a prior Petit Theft
conviction;
10. The violator is not charged with a violation of Florida Statutes, Chapters
316, 320, or 322. Individuals charged with violations under the provisions of
these statutes are not eligible for a Notice to Appear; and
11. The violator is not charged with Battery on Spouse/Domestic Violence.
B. Procedures for issuance of a Notice to Appear will consist of the following:
1. The police officer may request information concerning the violator's criminal
record. However, this information alone is not enough to render the violator
ineligible for the issuance of the Notice to Appear;
2. Guidelines for preparing the Notice to Appear:
a. Officers will fill out the NTA as completely as possible. Officers will write
in the location where the infraction occurred (if applicable) at the
beginning of the narrative section, in addition to the street address;
b. The violator will be advised to report to the Okaloosa County Courthouse
at the noted date and time. The officer shall make sure that the violator
understands that there is an obligation to appear and failure to appear
as the written promise (signature) indicates, will result in the issuance of
an arrest warrant; and
c. Officers will give the violator a copy of the first page of the NTA.
3. Procedures for issuance of a NTA to eligible petit theft offenders (including
shoplifting) consist of the following:
a. If a petit theft violator is deemed eligible for the issuance of an NTA,
he/she may be issued an NTA if no prior petit theft convictions exist.
VI.
USE OF RESTRAINTS
A. A person under arrest shall be secured by handcuffs behind their back as a part
of normal officer safety protocol, and:
1. All persons under arrest shall be thoroughly searched for weapons.
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NORTHWEST FLORIDA STATE COLLEGE POLICE DEPARTMENT
2. All persons delivered to the Okaloosa County Jail or Juvenile Assessment
Center must be properly handcuffed behind their back until the transporting
officer is directed by detention staff to remove the prisoner’s restraints.
a. Any exceptions must be coordinated with the detention facility prior to
arrival (i.e.; a medical situation requiring handcuffing in front).
B. From time to time, while inside the police department with a person under arrest,
there may be a need to move the handcuffs to the front to facilitate an interview,
or on an extremely rare occasion there may be a need to remove the handcuffs
completely.
1. In either scenario (placing handcuffs in front or removing handcuffs), the
arrestee shall be placed in leg iron restraints. Officers must strictly adhere
to the following steps:
a. The leg iron restraints shall be placed prior to moving or removing
handcuffs;
b. At all times a second police officer must be present until the arrestee is
handcuffed properly behind their back again; and
c. If an officer believes there is an officer safety issue that merits applying
leg irons to a person who is handcuffed behind their back, the officer’s
supervisor should be consulted for guidance and approval.
2. Leg irons are stored in each patrol vehicle.
a. When leg irons are used, an appropriate description of their use shall be
noted in the related report.
b. At all times the arrestee shall be monitored by a police officer. Never
leave an arrestee unsupervised.
VII. ALTERNATIVES TO ARREST
A. The discretionary role of the Police Officer means that when appropriate,
consideration for other approved remedies may serve as well as, or better than
effecting a physical arrest. Alternatives to arrest include the following:
1. Verbal Warning;
2. Written Warning;
3. Uniform Traffic Citation (UTC);
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NORTHWEST FLORIDA STATE COLLEGE POLICE DEPARTMENT
4. Notice to Appear (NTA);
5. Trespass Warning (TPW);
6. Civil Citation;
7. Referral to Northwest Florida State College Office of Student Affairs:
a. Police Officers may refer incidents involving students who may have
violated the NWFSC Student Code of Conduct to Student Affairs in lieu
of arrest by completing a report containing the appropriate information.
b. After the report is approved, the approving supervisor or investigator will
review the report to ensure the NWFSC Code of Conduct criteria for
discipline is met, and will
c. Forward the completed referral information packet to Student Affairs,
after which he shall record the name of the person to whom the report
was forwarded by completing a supplemental report or providing a note
for the records file indicating this routing.
8. Student counseling through the NWFSC Mental Health Services;
9. Baker Act protective custody (FSS 394, “Florida Mental Health Act”); and
10. Marchman Act protective custody (FSS 397, “Substance Abuse Services”).
GENERAL ORDER 5-12