1101
Utah Valley University Police Department
Effective:
Supersedes:
Approved By:
Arrests
John C. Brewer, Chief of Police
A. Officers carry out their duties regarding arrest procedures in a manner that is consistent with the laws of the
State of Utah and the U.S. Constitution. All arrests, regardless of type, will be reported on an original DR
or supplement.
B. Essential Elements of Arrest
1.
2.
3.
4.
Intent on the part of the person making the arrest.
Lawful authority on the part of the person making the arrest.
Seizure or detention of the arrestee.
Understanding on the part of the arrestee that they have been arrested.
C. Constitutional Requirement – Juveniles/Adults
1. Under no circumstances will any types of threats, promises, or agreements be used to obtain a
confession or admission.
2. If the suspect is in custody they will be read their Miranda Rights verbatim from the Juvenile Miranda
Form (for juveniles) or the Miranda Card (for adults). The defendant shall acknowledge their
understanding of their rights prior to any interrogation. The officer shall make every attempt to explain
the Miranda Rights to the defendant if they are unsure of their rights.
3. If a defendant refuses to answer any questions or states they do not comprehend the Miranda Rights,
even after an officer’s explanation, no further questions shall be asked of the defendant. This shall be
noted in the DR.
4. Access to Counsel
a) All defendants have the constitutional right to legal counsel prior to and during questioning. If the
defendant requests legal counsel, every reasonable effort shall be made to allow them to make such
contact. It is the responsibility of the defendant to contact legal counsel.
b) If the suspect refuses to answer questions without an attorney present, no further questions shall be
asked, and this shall be noted in the DR. If the suspect initiates a conversation about the crime with
the interviewer, the officer will clarify the suspect’s desire to talk without an attorney present. If
the suspect waives this right, the interview shall continue.
5. All defendants shall be arraigned in a timely manner without undue delay. Any delays shall be noted in
the DR.
6. Pre-trial publicity that might prejudice a fair trial shall be kept to a minimum.
D. Arrest by Warrant
1. Only sworn officers shall affect a physical arrest during the execution of an arrest warrant.
2. The arresting officer must confirm the suspect is the one for whom the warrant was issued by
confirming the DOB, social security number, physical description, fingerprint, photograph, or other
means.
3. To be a valid warrant, it must:
a) Be issued in the name of the “State of Utah.”
b) Specify the name of the person whose arrest is ordered, if it is known. If unknown, some
reasonably definite description must be given of the person.
c) State that the person is accused of some offense against the laws of the State of Utah and identify
the offense.
Rev
Utah Valley University Police Department
Page 1 of 7
1101
d) Be signed by a magistrate or judge, and the judge’s office must be named in the body of the
warrant, or in connection with their signature.
e) Warrants must be confirmed via Communications prior to arrest.
f) If it is necessary to establish identity before a person is booked into jail on a warrant, a fingerprint
check may be made by an authorized person from our agency or another agency.
g) In cases where identification is inconclusive, the person will be released after photographs,
fingerprints, and personal information (e.g., home and work address) are obtained. These items
will be gathered at the scene, the subject will not be transported to the station.
E. Arrest Without a Warrant
1. An officer may, without a warrant, arrest a person if the officer has probable cause to believe that:
a) A felony has been committed and the person to be arrested has committed the felony.
b) A misdemeanor has been committed in the officer’s presence and the person to be arrested has
committed the offense.
c) The person to be arrested has been involved in a traffic accident and violated any criminal section
of the Utah criminal statutes, Traffic code, and that such violation occurred prior to or immediately
following the traffic accident.
d) A misdemeanor has been committed and the person to be arrested has committed the offense. If a
person is arrested under these circumstances, they are eligible for release under (put Utah code
here.)
e) Physical arrests will not be made for infractions.
2. An officer may stop and detain a person to investigate an actual or suspected violation of any traffic law
committed in their presence and serve a copy of the traffic complaint for any alleged civil or criminal
traffic violation. An officer who serves a copy of the traffic complaint shall do so within a reasonable
time after the alleged criminal or civil traffic violation.
F. Other Arrests
1. Citizen’s Arrest
a) Before accepting a prisoner arrested by a private citizen, the officer will ensure that the following
elements of arrest are present:
(1) The prisoner is in custody of the citizen (either by actual physical restraint or the prisoner’s
voluntary submission to the arrest) who intends to prosecute.
(2) The citizen making the arrest has informed the person to be arrested of the intention to arrest
and the cause of the arrest.
(3) The citizen arrest is apparently lawful. The criminal act was committed in the citizen’s
presence, and all elements of the crime are present.
b) When the suspect is to be incarcerated, the investigating officers will print their names and serial
numbers on the Arrest/Booking Record. The name and address of the arresting citizen will be
listed in the DR.
(1) Arresting citizens will be advised that they may be required to sign complaints; however, they
will receive a subpoena to testify in court if the suspect contests the charge.
(2) If the offense involved is a felony, officer will advise the victims that they will be contacted at a
later time if it is necessary to sign the complaint.
2. Summons and Complaint In Lieu of Arrest: If a citizen does not desire to make an arrest or is unable to
make an arrest but desires prosecution, a DR will be completed. Officers will inform the citizen that
the report will be forwarded to the appropriate prosecutor for review.
3. Fugitive Arrest: A fugitive is any person wanted by any law enforcement agency outside the State of
Utah on a verified felony warrant.
Rev. Date
Utah Valley University Police Department
Page 2 of 7
1101
4. Warrants for Arrest from a Law Enforcement Agency: A warrant for the arrest of a wanted subject will
be honored if received from law enforcement or correction agency or other public authority with
powers of prosecution and extradition.
a) Confirmation of the warrant shall include verification that extradition has been authorized prior to
conducting a physical arrest.
b) Warrants should contain the following information, regardless of how they are received:
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
Warrant number, date of warrant, judge, issuing agency.
Charges.
Suspect’s full name and date of birth.
Physical description.
Date, time, and name of officer authorizing the hold.
Bond amount, if any and court address.
Recommended bond, if any.
Statement that the demanding agency will extradite.
County and state where the warrant was issued.
c) Demands by teletype or e-mail with the above information should state that certified copies of the
complaint and warrant will follow via facsimile or U.S. mail.
d) Letters requesting arrests from other agencies will be honored if accompanied by certified copies of
the complaint and warrant and a statement that extradition has been authorized. Warrants by
telephone usually will not be honored except in unusual or emergency cases. The issuing agency
will be asked to fax the required warrant and extradition information immediately following the
telephone call. A supervisor must authorize the arrest before it can be made.
e) The arresting officer will determine that the person about to be arrested is the person named on the
demanding agency’s warrant and will advise the defendant of the charge, the agency that has
requested the arrest, the fact that a warrant has been issued and the amount of any bail.
f) The suspect will be booked as a “Fugitive of Justice.” Desertion warrants will be handled in the
same manner as a Fugitive from Justice.
5. NCIC Arrests: When a fugitive suspect is detained based on information received through
UCJIS/NCIC, the following procedure will be used:
a) The arresting officer will request Communications to confirm the warrant and if extradition is
authorized.
(1) If the warrant is no longer valid, the suspect will be released if there are no other charges.
(2) If the warrant is valid, but extradition is denied, the suspect will be released if there are no other
charges.
(3) If the warrant is valid, but the issuing agency is unable to immediately confirm extradition
(county attorney not available, Records Section closed, etc.) the suspect will not be booked.
Photographs and fingerprints will be obtained at the scene and the person’s address and place of
employment confirmed. The subject will not be transported to the police station under these
circumstances. Communications will be contacted and informed of the disposition of the
wanted person (booked or released) so entry can be made into the UCJIS/NCIC System.
6. Fugitive Departmental Report: A Fugitive of Justice (FOJ) DR will be made regardless of whether or
not a problem with the identification of a wanted suspect exists. It shall document if an interview was
conducted by the arresting officer, or incriminating statements were made by the suspect that may assist
the originating agency.
7. Foreign Fugitives: Information on suspects wanted by foreign countries is available in NCIC. Special
inquiries into this file are not required, as all wanted person file inquiries will be searched against the
Foreign Fugitive File. If a positive response is received, the following procedure will be used:
Rev. Date
Utah Valley University Police Department
Page 3 of 7
1101
a) A supervisor notified shall be notified.
b) INTERPOL will be contacted and advised of the situation. INTERPOL will confirm or deny the
warrant and attempt to estimate how long it will take to verify extradition.
(1) If INTERPOL confirms the warrant and there are no other charges, the subject will be booked
with a “hold” for INTERPOL.
(2) If INTERPOL cannot confirm the warrant, the subject will be released unless there are other
charges, and a DR will be written.
8. Non-Support: Warrants charging non-support from other states will be handled in the same manner as
other out-of-state warrants.
9. Felony Warrant FOJ: Any person arrested for a felony warrant issued by an Utah law enforcement
agency will be handled as a Felony Warrant FOJ.
a) Communications shall be advised by the arresting officer of the disposition of the wanted person
(booked or released) so entry can be made into the UCJIS/NCIC system.
b) A Felony Warrant FOJ DR will be completed by the arresting officer.
10. Arrests in Other Jurisdictions: Officers must have supervisory approval before leaving the campus to
make a probable cause or warrant arrest. Officers must notify the jurisdiction in which the arrest is to
be made and request a local uniformed officer be present for arrests involving potentially violent
subjects, unless exigent circumstances exist.
11. Military Personnel: When military personnel are arrested and booked, the arresting officer will notify
the appropriate military personnel.
a) Military personnel cannot legally be held for being absent without leave (AWOL) or desertion until
verification of their status has been confirmed by military authorities.
b) Military “holds” will not be placed on military personnel except when:
(1) A Mandate or Process is issued by a military court directed to the department instructing that a
particular person be held for military authorities.
(2) When the military member is reported as being a deserter or AWOL. Personnel who are absent
without leave from their unit are in violation of Title 50, Chapter 22, Article 86 of the Uniform
Code of Military Justice.
(3) When arrestees advise that they are AWOL.
c) The following will be followed when military members are arrested for desertion or AWOL:
(1) Contact Hill Air Force Base military police.
(2) The subject’s name, rank, social security number, date of birth, and unit designation or station
will be provided when requesting status. If the branch of the service is unknown and the
subject claims to have been discharged, the place from which the subject alleges to have been
discharged will be obtained.
(3) The name, rank, and unit of the military person requesting the hold will be placed in the
narrative of the Arrest/Booking Record. The charge description will be listed as “desertion” in
violation of Article 86, Uniform Code of Military Justice. The military unit requesting
detention will be required to provide a written detainer as soon as practical.
d) The following procedure will be followed when a subject is arrested and is subsequently discovered
to be AWOL or a deserter from a military service.
(1) An inquiry will be directed to the appropriate military unit and verification made that the
subject in question is still wanted. Information will be provided to the military unit regarding
the name, rank, serial number, and unit designation or station of the subject.
Rev. Date
Utah Valley University Police Department
Page 4 of 7
1101
(2) If the subject is still wanted, the name, rank, and unit of the person confirming that the subject
is still wanted will be placed in the narrative of the Arrest/Booking Record and the subject will
be held until picked up by the military unit.
12. Military personnel, arrested on non-military charges, found subsequently to be deserters or absent
without leave, will be held as though they were apprehended for the original desertion or AWOL
charges.
13. Arrest of Federal and State Employees: With the exception of those persons immune from arrest, the
following special notifications will be made when certain federal or state employees are arrested and
booked:
a) Employers will be notified when any federal, county, state, or law enforcement agency personnel
are arrested.
b) Federal employees operating government vehicles are subject to all traffic laws with the exception
of driver’s license violations.
c) Postal Employees: When an on-duty postal employee is arrested for a criminal offense, the Postal
Inspection Service will be notified.
d) Department of Corrections (DOC) Employee: When a DOC employee is arrested or cited for any
crime or major criminal traffic offense, the officer will notify the DOC on-duty supervisor.
G. Splitting Charges: Officers arresting for both felony and misdemeanor offenses shall submit all charges to
the county attorney, with the following option:
1. Civil traffic violations shall be submitted along with the criminal charges and not split between
prosecuting agencies. Civil citations shall not be written separately from the criminal charges. If
criminal citations are written, civil citations may also be written. If the criminal charges are to be longformed, no civil citations shall be issued (the civil violations shall be noted in the DR).
H. Immunity from Arrest
1. Diplomatic Agents
a) Diplomatic agents enjoy the highest degree of privilege. Diplomatic agents, such as ambassadors
and foreign ministers, and their families are totally immune from arrest for any offense. Questions
as to whether an individual is entitled to this immunity may be directed to the FBI.
(1) They enjoy complete personal inviolability, which means they shall not be arrested or detained.
(2) Their property or residences shall not be entered or searched.
(3) They have complete immunity from the criminal jurisdiction of the host state and cannot be
prosecuted no matter how serious the crime.
(4) They have complete immunity from the obligation to provide evidence as witnesses and cannot
be required to testify even when they have been the victim of a crime.
(5) Family members forming part of the household of diplomatic agents (i.e., spouses, and children
under the age of 21 [until 23 if they are full-time students at an institution of higher learning],
and other such persons expressly agreed to by the State Department in extraordinary
circumstances) enjoy precisely the same privileges as do the sponsoring diplomatic agents.
b) Members of administrative and technical staff enjoy the identical privileges to those of diplomatic
agents in respect to:
(1)
(2)
(3)
(4)
Rev. Date
Personal inviolability (arrest/detaining).
Immunity from criminal prosecution.
Immunity from obligation to provide evidence as witness.
Recognized family members enjoy the same privileges from the host country’s criminal
jurisdiction as their sponsors.
Utah Valley University Police Department
Page 5 of 7
1101
c) Members of service staff have much less in the way of privileges.
(1) Service staff members have only official acts immunity (determined by U.S. courts with subject
matter jurisdiction over the alleged crime, in full light of all the relevant facts, that the action
complained of was an official act).
(2) They enjoy no person inviolability.
(3) They have no immunity from the obligation to provide evidence as witnesses.
(4) Families of service staff members enjoy no privileges or immunities.
2. Formal Identity Documents
a) The only authoritative identity document is the identity card issued by the State Department,
Protocol Office.
(1) The identification card will be 3 ¾” x 2 ½” and shall contain a photograph of the bearer.
(2) The bearer’s name, title, mission, city and state, date of birth, identification number, expiration
date, and a U.S. State Department seal will appear on the front of the card. A brief statement of
the bearer’s immunity shall be printed on the reverse side.
b) While this form of identification is generally to be relied upon, officers are nonetheless urged to
immediately seek verification with any serious incident or in any case where they have reason to
doubt the validity of the card.
3. Police Contact with Diplomatic Persons
a) When, in the course of responding to or investigating an apparent violation of criminal law, a police
officer is confronted with a person claiming immunity, official State Department identification shall
immediately be requested in order to verify the person’s status and immunity.
b) The officer shall immediately notify supervisor, who shall be responsible for verifying the
identification and directing the officer of the appropriate action to be taken. In an incident
involving any person entitled to immunity, the officer shall record all pertinent details from the
identity card and fully record the details and circumstances of the incident in accordance with
normal police procedures.
c) Stopping a diplomatic officer and issuing a traffic citation does not constitute an arrest and is
permissible, although signature of the citation by such individual cannot be required. A written
report of the incident shall be completed, documenting the facts of the incident and the identity of
the individual and shall be promptly forwarded to the State Department.
4. Legislators: Legislators are immune from arrest and are not subject to any civil process, including civil
traffic citations, while the legislature is in session, for 15 days prior to the start of the session, and while
traveling from their residences to attend a session or returning home from a session.
a) This immunity does not apply in cases of treason, felonies, or misdemeanors amounting to a breach
of the peace.
b) Officers will make arrests for misdemeanors only in cases of an offense by violence, an immediate
disturbance of the public order (i.e., assault), or for driving a motor vehicle while under the
influence of intoxicating liquor or drugs.
c) The interpretation of a breach of the peace and decision to arrest will be referred to a supervisor in
all cases.
d) An appropriate investigation should be conducted to confirm the individual’s legislative status.
e) Offenses committed by members, families, or employees of all other Foreign Consulates will be
referred to a supervisor.
5. Foreign Nationals/Consular Notification
Rev. Date
Utah Valley University Police Department
Page 6 of 7
1101
a) The United States is obligated under international treaties and customary international law to notify
foreign authorities when foreign nationals are arrested, or otherwise detained, in the U.S. These
obligations include:
(1) To immediately inform the foreign national of the right to have their government notified
concerning the arrest.
(2) If the foreign national asks that such notification be made, it shall be done without delay by
informing the nearest consulate or embassy. The officer shall fax the notification form to the
Consular officer.
(3) If the foreign national’s country is not on the mandatory notification countries list and the
foreign national declines notification, the officer shall have them sign the notification form. No
notification will be made.
(4) Certain countries have mandatory notification without delay, regardless of whether the arrestee
so wishes. A list of these countries may be found in the Consular Notification and Access
Reference Card.
(5) For both mandatory and non-mandatory consul notification countries, the officer shall
document in the report whether notification occurred. The notification form shall be
impounded as evidence.
b) Whenever a foreign national is arrested, the arresting officer is responsible for ensuring the
appropriate notifications to representatives of the foreign country are made. Instruction on proper
notification can be obtained from the U.S. Department of State. Inquiries regarding contact with
foreign governments should be made to the Assistant Legal Advisor for Consulate Affairs,
Department of State, (202) 647-4415, Fax (202) 736-7559. Urgent after-hours inquiries may be
directed to the Operations Center at (202) 657-1512.
c) Foreign Nationals: If an officer is incarcerating an arrestee who is not United States citizen, the
officer shall notify the country of citizenship if the arrestee does not waive notification or if that
country requires notification regardless of a waiver. The officer shall document all details of the
notification or any waiver of notification on the consular notification form that must be included
with the officer’s report.
6. Witnesses: A witness under subpoena is immune from arrest except for treason, felony, or a breach of
the peace while attending or traveling to or from court.
Rev. Date
Utah Valley University Police Department
Page 7 of 7