Flashcards on Arrest, Search and Seizure

Warrantless Entry into a Residence

• An officer can enter a residence to serve a search warrant without knocking and announcing their presence only if exigent circumstances exist:
  • Suspect is fleeing or likely to flee to avoid arrest.
  • Incriminating evidence is in danger of being destroyed or removed.
  • A violent crime has occurred, and entry is justified to prevent further injury or aid the injured.
  • Cases involving hot pursuit or movable vehicles.
• Even with an arrest warrant for a person in a third party's residence, a search warrant is required to enter unless:
  • The resident consents to the entry.
  • Exigent circumstances exist.

Warrantless Arrests

• A law enforcement officer may arrest a person when the officer has [IC 35-33-1-5]:
  • Probable cause to believe the person has committed, attempted to commit, or is committing or attempting to commit a felony.
  • Probable cause to believe the person has violated specific provisions related to leaving the scene of an accident [IC 9-26-1-1(1), IC 9-26-1-1(2), IC 9-26-1-2(1), IC 9-26-1-2(2), IC 9-26-1-3, IC 9-26-1-4].
  • Probable cause to believe the person has violated provisions related to operating a vehicle while intoxicated [IC 9-30-5].
  • Probable cause to believe the person is committing or attempting to commit a misdemeanor in the officer's presence.
  • Probable cause to believe the person has committed battery resulting in bodily injury [IC 35-42-2-1] or domestic battery [IC 35-42-2-1.3]. An affidavit from someone with direct knowledge can be used to establish probable cause.
  • Probable cause to believe the person violated invasion of privacy laws [IC 35-46-1-15.1].
  • Probable cause to believe that the person has committed stalking (IC 35-45-10).
  • Probable cause to believe that the person violated carrying a handgun without a license [IC 35-47-2-1] or counterfeit handgun license [IC 35-47-2-22], or has violated an order issued under probation orders [IC 35-50-7], as outlined in IC 35-33-1-1.
  • Probable cause to believe that the person is violating or has violated undisclosed transport of a dangerous device [IC 35-47-6-1.1].
  • Probable cause to believe that the person is violating or has violated interference with the reporting of a crime [IC 35-45-2-5] and interfering with or preventing the reporting of a crime involving domestic or family violence [IC 34-6-2-34.5].
  • Probable cause to believe that the person has committed theft [IC 35-43-4-2].
  • A removal order issued for the person by an immigration court.
  • A detainer or notice of action for the person issued by the United States Department of Homeland Security.
  • Probable cause to believe that the person has been indicted for or convicted of one or more aggravated felonies (as defined in 8 U.S.C. 110(a)43).

Valparaiso Police Department - Arrest Procedures

• When a person is taken into custody by an officer of the Valparaiso Police Department, the following reports are required, at a minimum:
  • Incident report: The arrestee's name shall be checked in the computer system to determine if it has been previously entered and to ensure that all information is current.
  • Fingerprint cards: Each time a person is arrested, a fingerprint card will be filled out for purposes of recording the arrest information, even if a fingerprint card has been filed on the person in the past. This will be performed by the Jail Division of the Porter County Sheriff's Department and available for arresting officer's use.
  • Photographs: Each time a person is arrested, a new photograph will be taken to update the photo file. The new photograph may also be used as evidence in a trial when attempting to show how the arrestee appeared at the time of arrest. This will be performed by the Jail Division of the Porter County Sheriff's Department and will be available for arresting officer's use.
  • Any person arrested and taken into custody shall be carefully searched immediately upon arrest and relieved of any object that may be used as a weapon or aid to escape or which may be evidence of the crime as described in GOM 1.2.4.
  • Officers of the opposite sex of the prisoner may search outer garments, such as coats, jackets, hand held items such as handbags, purses, and luggage. The physical search of the prisoner shall be accomplished by an officer of the same sex as the prisoner. Under extreme circumstances, it may be necessary for an officer of the opposite sex to conduct a pat-down search of a prisoner when another officer of the same sex is not available. This should be conducted with another officer present.
  • A search of the transporting vehicle shall be accomplished prior to and after each transportation of a prisoner(s).
  • All prisoners are to be handcuffed (double locked) and shall be attended by an enforcement officer at all times.
  • Before any employee speaks with a suspect or prisoner about the criminal act being investigated, or asks any questions of criminal conduct, the prisoner shall be read the Miranda Rights to counsel and their right to remain silent. In cases involving intoxicated vehicle operators, the Indiana Implied Consent shall be read to the suspect before a chemical test is administered.
  • State Statutes IC 36-8-3-10, 35-33-7, and 36-8-9-6 shall also be adhered to during the physical arrest of a prisoner.

Valparaiso Police Department - Use of Force Reports

• A written "long case" report and a Use of Force form will be submitted following any use of force by an officer or when an officer's actions could potentially result in a substantial injury, claim of injury, or if there is a sign of injury.
• The act of using weaponless, empty hand control techniques that have little or no chance of producing injuries when gaining control over or subduing non-compliant or resisting persons does not require completing the use of force form.
• The officer's supervisor will be notified and the use of force form and long case report completed as soon as safety allows and prior to the end of the officer's shift any time that an officer:
  • Discharges a firearm for other than training, recreational purposes, euthanizing a sick/injured animal, or to destroy an animal that represents a threat to public safety. (A supervisor or officer in charge shall be informed of an officer's intent to discharge a firearm for euthanizing a sick or injured animal).
    • If the officer is unable to submit the report due to death, injury or emotional instability, the officer's immediate supervisor will submit a detailed Use of Force form and a long case report of the incident prior to the end of the shift.
  • Takes action that results in, or is alleged to have resulted in, injury or death of another person.
    • If the officer is unable to submit the report due to death, injury or emotional instability, the officer's immediate supervisor will submit a detailed Use of Force form and long case report of the incident prior to the end of the shift.
  • Applies force through the use of lethal or less-lethal weapons. This includes directing the muzzle of a lethal or less-lethal weapon toward a potential threat.
    • If the officer is unable to submit the report due to death, injury or emotional instability, the officer's immediate supervisor will submit a detailed Use of Force form and a long case report of the incident prior to the end of the shift.
  • Applies physical force that results in, or is alleged to have resulted in, injury or death of another person.