Department Manual | Standard Operating Procedures
206 - Custody Procedures
206.1 Detainment
In the event you believe you have probably cause to detain someone/ place someone under a detainment you must do all that applies of the following:
Physical Restraint (Optional): It is up to officer discretion whether a detainment requires physical restraint, you may choose to physically restrain a detainee in the following circumstances:
Their involvement in a potential crime has not yet been established.
They exhibit violent/ abusive behaviour in a situation.
They are interfering/ impeding on a situation they were previously uninvolved in (you may choose to release them once the scene is wrapped up).
Notify them of the reason for their Detainment: You are legally obligated to give the reasoning for their detainment.
Release or Upgrade Detainment to Arrest as appropriate: If grounds for an arrest are met, you may choose to make an arrest at which point refer to 204.2 Arrests. Alternatively, you must release them once they are no longer required to be detained.
206.2 Arrests
Definition. An arrest is taking a person into custody, in a case and in the manner authorised by law.
206.21 Probable Cause for Arrest
Definition:
A set of facts that would cause a person of ordinary care and prudence to entertain an honest and strong belief that the person to be arrested is guilty of a crime.
Must exist before an arrest is made and is based on the totality of the circumstances.
Facts required to establish probable cause may include, but are not limited to:
Direct investigation or reports
Circumstantial evidence
Second-hand statements from reliable sources
206.22 Reasonable Suspicion vs Probable Cause
Possible influence of alcohol / drugs (Reas. Susp) vs Illegal level intoxication (Prob Cause)
Actions/words/demeanor during detention (Reas. Susp) vs Self incrimination, contraband (Prob Cause)
Erratic driving vs DUI, contraband
Pat search for weapons vs Possession of weapons, contraband
Possible connection to burglary vs Discovery of stolen property
Individual officer's expertise and specialised training can determine probable cause and can differ among officers.
206.23 Elements of a Lawful Arrest
Peace Officer Authority to Arrest
Officers may make an arrest:
Pursuant to a warrant
Without a warrant
Whenever they have probable cause to believe the person committed a felony or misdemeanor in their presence;
When the person committed a felony, although not in the officer's presence;
Whenever they have probable cause to believe the person has committed a felony, whether or not a felony has in fact been committed.
In Officer's Presence
Includes officer's senses, such as hearing, sight, and smell
Senses can be enhanced with tools: Binoculars; Dogs; Flashlights; Telephone; thermal imaging.
Information required at time of arrest
3 things are required to be conveyed to the arrestee at the time of the arrest:
Intent - Must tell the individual that he or she is being arrested
Cause - Must state the reason for the arrest
Authority:
A non-uniformed officer must show identification
A uniformed officer and/or marked car satisfies this requirement
A private person must state his or authority to make the arrest
Two situations where arresting person does not need to communicate the three are when the suspect is:
Actually committing the offence
Attempting to escape
206.24 Arrests in Place of a Citation
In the event a civilian refuses to sign a citation, they are to be placed under arrest and released upon the point they sign the citation.
206.3 Search of Suspects
206.31 Search of Persons
Officers shall search all suspects prior to transporting them in a Department vehicle. Before conducting a search, officers shall put on gloves in order to preserve any forensic evidence that may be found.
Officers shall search all suspects prior to transporting them in a Department vehicle. Before conducting a search, officers shall put on gloves in order to preserve any forensic evidence that may be found.
Officers shall provide the following notification to the suspect, or a variation of it:
“I am going to be conducting a search of your person. Do you have anything on you that I should know about, or that may harm me?”
Alt + "Search"
Confiscate all Weapons, Illegal Items (narcotics, burglary tools, etc.) - The suspect must be left with their (own) various forms of ID (ID Card, Driving Licence).
206.32 Custody of Suspect Vehicle
Officers must ensure that a suspects vehicles is secure and that tow is requested, any evidence must be collected during a search of the vehicle prior to handing the vehicle over to tow services.
Officers must ensure that a suspects vehicles is secure and that tow is requested, any evidence must be collected during a search of the vehicle prior to handing the vehicle over to tow services.
Vehicles have 2 storage areas that must be searched.
The Trunk
Access via Alt + "Search Trunk"
The Glovebox
Access whilst in Driver or Passenger seat and pressing "TAB"
206.4 Officer Transport of Suspects
Officer's may only transport suspects if they have a suitable full or half cage.
Vehicles that do not meet this requirement:
Canine Unit Vehicles
Unmarked Vehicles (variable)
Gator ATV
High Speed Unit(s)
Motor Bike Unit
Exemptions:
SWAT Lenco Bearcat
Air Unit (in case of Medevac)
206.5 Miranda Rights
All suspects must be read their Miranda Rights prior to questioning in Police Custody.
These rights are as follows:
The right to Remain Silent
Anything they do or say can, and will be used against them in the Court of Law.
The right to an Attorney
The right to an Attorney, appointed to them by the state at no expense of their own if they are unable to afford the services of an attorney on their own.
"You have the right to remain silent. Anything you say can, and will be used against you in a Court of Law. You have the right to an Attorney, if you cannot afford an Attorney, one will be provided for you (by the state of San Andreas). Do you understand these rights as I have read them to you (and with these rights in mind do you wish to speak to me?)".
206.6 Station Procedures
206.61 Identifying
Given photo identification must be confirmed via biometrics. Scan detainees fingerprints vio portable biometrics scanner at the station.
Given photo identification must be confirmed via biometrics. Scan detainees fingerprints vio portable biometrics scanner at the station.
/me Biometrics Scan, what ID comes back?
206.62 Processing
Take a "mugshot" of the suspect in order to update the suspects image within the Police System for easier identification in the event of future offences.
Take a "mugshot" of the suspect in order to update the suspects image within the Police System for easier identification in the event of future offences.
206.63 Sentencing
Complete the Arrest Report (Refer to Section 603.3)
Complete the Arrest Report (Refer to Section 603.3)
Notify the Detainee of the Following:
Charges they are recieving.
Prison Sentence (time) and/or payable fine.
Have the detainee be collected by county Prison Transport Services.
/jail [ID] [Time: Seconds] [Reason, Optional]