Fifth Judicial District - Department of Correctional Services

DISTRICT POLICIES

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TITLE: Arrest

PURPOSE

To ensure that when authorized officers make an arrest it is done in a legal and safe manner.

POLICY

Authorized officers who are trained in arrest procedures may effect an arrest when it is within the scope of the officer's responsibilities, appropriate, and necessary to accomplish the goals and objectives of the District. An arrest may be made by an officer having probable cause to believe that an offender assigned to the District's supervision has violated the conditions of supervision.

The Fugitive Unit shall effect all arrests within the Fifth Judicial District Department of Correctional Services, when available. If not available, authorized officers shall effect an arrest when an offender surrenders to him/her, when time is of the essence, and when the offender is an immediate threat to community safety or themselves.

Authorized officers are probation/parole officers who are trained in use of force, search and seizure, restraining equipment such as handcuffs, and have been trained by a certified trainer in arrest procedures.

DEFINITIONS

Arrest: Code of Iowa Chapter 804.5 "Arrest is the taking of a person into custody when and in the manner authorized by law, including restraint of the person or his or her submission to custody".

Peace Officers: Code of Iowa Chapter 801.4 (11d and 11e) "11. 'Peace Officers', sometimes designated 'law enforcement officers', include: "d. Parole agents acting pursuant to section 906.2" and "e. Probation officers acting pursuant to section 602.7202 (Juvenile court officers), subsection 4, and section 907.2".

Probable Cause: An apparent statement of facts found to exist upon reasonable inquiry which would induce a reasonably intelligent and prudent person to believe that the accused has committed the crime or violation charged.

Jurisdiction: The lawful right or power to interpret and apply the law; the territory within which power is exercised.

PROCEDURE

  1. An authorized employee has the powers of a peace officer while engaged in the performance of his/her duties. The Fifth Judicial District Department of Correctional Services interprets this to mean that employees are authorized to effect an arrest only as it pertains to those persons under the supervision of the Department. See Iowa code 804.7(11d and 11e); 906.2; and 907.2.
  2. Authorized employees must complete training in arrest procedures as defined in policy statement prior to making any arrest.
  3. Arrest authority shall be exercised to meet Departmental goals and objectives, taking into account the protection of the community and the safety of the officer, offender, and others involved.
  4. The supervising officer shall consult with his/her immediate supervisor and request assistance from the Fugitive Unit prior to effecting an arrest whenever possible.
  5. An authorized officer may make an arrest of an alleged parole/probation violator in obedience to a warrant delivered to the authorized officer and without warrant if deemed necessary and appropriate:
    1. For a public offense committed or attempted in the employee's presence.
    2. Where the authorized officer has reasonable grounds for believing that an indictable public offense has been committed and has reasonable grounds for believing that the offender to be arrested has committed it.
    3. When an authorized officer has received from the Department of Public Safety, any other peace officer of this state or any other state of the United States an official communication by bulletin, radio, telegraph, or otherwise, informing the officer that a warrant has been issued and is being held for the arrest of the offender.
    4. Where the authorized officer has reasonable grounds to believe the offender has violated the terms and conditions of supervision.
  6. Prior to effecting an arrest of the individuals under the supervision of the department, an arrest warrant shall be obtained whenever possible. When an employee does not have the opportunity to obtain a warrant, and time is of the essence, the officer may effect the arrest immediately, for probation violation or if the offender poses an immediate threat to community safety or themselves.
    1. Supervising officers shall always attempt to contact the Fugitive Unit prior to effecting an arrest and/or request assistance from local law enforcement.
    2. Supervising officers must complete a Preliminary Complaint form when an offender is taken into custody without a warrant, after receiving supervisory approval.
    3. The Preliminary Complaint form will insure the alleged violator is brought before the judge/magistrate within 24 hours of arrest.
  7. The supervising officer shall take evasive action to avoid risk of injury. If physical contact is unavoidable, the officer shall use only that force necessary to control and maintain of the offender. (See Use of Force policy).
    1. The supervising officer is under no legal obligation to effect an arrest of an offender if safety of the officer is at risk.
    2. If the offender chooses to run, officers may let him/her run.
    3. Consult with his/her supervisor immediately, informing the supervisor of the circumstances.
    4. Contact the Fugitive Unit and local law enforcement to apprehend the offender.
    5. Supervising officers may attempt to detain the wanted offender until assistance arrives.
  8. Execution of Arrest
    1. The supervising officer shall attempt to contact the Fugitive Unit prior to effecting an arrest. If unavailable, the supervising officer shall have a prearrest briefing with his/her immediate supervisor or designee and authorized staff person(s) that will accompany him/her who is trained in arrest procedures and/or request assistance from local law enforcement personnel if situation dictates.
      1. If in the opinion of the supervising officer and/or supervisor a likelihood of risk/violence exists, staff shall solicit assistance from the Fugitive Unit and/or local law enforcement.
      2. Factors to be considered are the offender's demeanor, previous history of violence, history of mental/ emotional instability, propensity for flight, age, size and skill.
        NOTE: Supervising officers shall not attempt arrest in these instances unless approved by his/ her supervisor.
  9. Manner of making an arrest (ref. Iowa Code section 804.14)
    1. Except when the person to be arrested is actually engaged in the commission of or the attempt to commit an offense, or escape, so that there is no time or opportunity to do so, the person making the arrest must inform the person being arrested of:
      1. The intention to arrest him/her.
      2. The reason for the arrest.
      3. That the arresting person is a peace officer.
      4. Present the warrant to the offender.
    2. If acting under the authority of a warrant, and the officer does not have the warrant in his/her possession at the time of the arrest, the officer shall inform the person being arrested of the fact that a warrant has been issued, and upon request, the officer shall as soon as possible show the warrant to the person being arrested.
    3. The officer shall ask the person being arrested to submit to custody.
      1. The officer will request the offender to stand up and turn around and to face a wall.
      2. The supervising officer shall place handcuffs on the person as appropriate custody measures to prevent escape and for the safety of the officer and offender.
      3. The supervising officer shall double lock the handcuffs in place.
      4. The supervising officer shall complete a search for weapons and contraband (See Search and Seizure policy).
  10. The arrested offender shall be delivered to the county jail. (See Transport Policy for transporting persons in custody).
  11. Per Iowa Code 908.1 Arrest of alleged parole violator…: "A parole officer having probable cause to believe that any person released on parole has violated the parole plan or conditions of parole may arrest such person, or the parole officer may make a complaint before a magistrate, charging such violation, and it if appears from such complaint, or from affidavits filed with it, that there is probable cause to believe that such person has violated the parole plan or terms of parole, the magistrate shall issue a warrant for the arrest of such person. …"
  12. Per Iowa Code 908.11 Violation of probation:
    1. A probation officer or the judicial district department of correctional services having probable cause to believe that any person released on probation has violated the conditions of probation shall proceed by arrest or summons as in the case of a parole violation.
    2. The functions of the liaison officer and the board of parole shall be performed by the judge or magistrate who placed the alleged violator on probation if that judge or magistrate is available, otherwise by another judge or magistrate who would have jurisdiction to try the original offense.
    3. If the probation officer proceeds by arrest, and section 907.8A does not apply, any magistrate may receive the complaint, issue an arrest warrant, or conduct the initial appearance and probable cause hearing if it is not convenient for the judge who placed the alleged violator on probation to do so. The initial appearance, probable cause hearing, and probation revocation hearing, or any of them, may at the discretion of the court be merged into a single hearing when it appears that the alleged violator will not be prejudiced by the merger.
    4. If the violation is established, the court may continue the probation or youthful offender status with or without an alteration of the conditions of probation or a youthful offender status. If the defendant is an adult or a youthful offender the court may hold the defendant in contempt of court and sentence the defendant to a jail term while continuing the probation or youthful offender status, order the defendant to be placed in a violator facility established pursuant to section 904.207 while continuing the probation or youthful offender status and require the defendant to serve the sentence imposed or any lesser sentence, and, if imposition of sentence was deferred, may impose any sentence which might originally have been imposed.
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