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ARREST
ARREST
64
Other
Not Applicable
11/01/2017

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Cards

Term
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 ? in lieu of physical arrest
Definition
CITATION
Term
an order for the arrest of a defendant that is obtained after a case is formally filed by the State Attorney’s Office (SAO). The issuance of a ? by a judge means that the complete filing decision has been made and information or an indictment is filed with the Clerk of the Court
Definition
CAPIAS
Term
An ? is issued by a judge upon probable cause (no case has been filed) and is generally used when an immediate arrest by warrant is required. An ? is different from a capias in that upon issuance of an arrest warrant, the filing decision has not been made and information has not been filed.
Definition
ARREST WARRANT
Term
A ? is issued by the SAO and commands an “at large” defendant to appear in court to face misdemeanor or ordinance violation charges resulting from information filed by the SAO. Service of a ? is not an arrest and the defendant is not incarcerated.
Definition
Misdemeanor Summons
Term
This citation, also referred to as a Misdemeanor Citation, may be used by police officers for a field release of eligible violators or by corrections officers for violators who meet specific criteria after physical arrest. Issuance of a ? does constitute an arrest.
Definition
Notice to Appear Citation (NTA)
Term
A ? shall be a procedure whereby an eligible violator is immediately released upon the officer completing the NTA and the violator signing such citation.
Definition
Field Release
Term
The ? shall be that procedure whereby the officer takes the violator into custody and transports him to the Pretrial Detention Facility (PDF) for the purpose of booking him into the PDF.
Definition
Physical Arrest
Term
A ? an order by the court commanding a sheriff or other official to physically bring before the court a person who is found guilty of contempt of court.
Definition
Writ of Attachment
Term
THE ? issues Identification (ID) documents to foreign government personnel (Foreign Diplomatic Officers, or Consular Officers, their families, official staff, and servants) who are entitled to immunity per the Vienna Convention on Consular Relations (VCCR) and related treaties created with different countries
Definition
The United States (US) Department of State
Term
U.S. Senators and U.S. Representatives shall in all cases, except ?, ?, ? be privileged from arrest during their attendance at the session of their respective Houses and in going to and returning from the same.
Definition
“Treason,” “Felony,” and “Breach of the Peace
Term
1, 2, 3 - who commit a minor violation of the law will not be taken into custody, but issued a citation to appear in court. If an officer is unsure, he should contact his supervisor.
Definition
U.S. mail vehicle drivers, train engineers, and bus drivers
Term
Officers are considered to be private citizens outside of Duval County, unless an arrest is made in ? or pursuant to a mutual aid agreement within the State of Florida.
Definition
FRESH PURSUIT
Term
A Police Officer has the authority to arrest on fresh pursuit outside of Duval County for a
Definition
misdemeanor, or city ordinance violation per Florida State Statute (F.S.S.) 901.25.
Term
A Police Officer, acting as a private citizen within the State of Florida and not as an officer, may arrest outside of his county if:
Definition
a. A felony has actually been committed and the Police Officer has probable cause to believe that the arrested person committed it; or
b. A misdemeanor constituting a breach of the peace is committed in his presence.
Term
F.S.S. 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 (MO) with a
Definition
Notice to Appear
Term
If the arrest is pursuant to a warrant/capias and there is a bond amount on the warrant/capias, the suspect can request that they be booked in Clay County or Nassau County rather than Duval County. However, officers are not required to inform the suspect of that option.
Definition
N/A
Term
Suspects apprehended or arrested for cases where the Investigations Division has sole responsibility for follow-up shall not be read their constitutional rights nor questioned about the case, unless
Definition
directed by a detective to do so.
Term
Supervisors shall approve all Arrest and Booking Reports-exceptions
Definition
shoplifting with no other criminal charges, capias, court orders, public intoxicants with no other criminal charges, and rebooks
Term
All foreign nationals arrested or detained have the right under international law VCCR to
Definition
contact and communicate with their country’s consular officials (at either the embassy of that country in Washington, D.C. or at one of that country’s consulates in Washington, D.C. or elsewhere in the US);
Term
An officer handling a situation involving the possible arrest of an individual who is receiving or about to receive medical care in a local hospital or medical facility of any kind, other than UF Health Jacksonville, shall obtain the approval of either
Definition
the Director of Patrol and Enforcement or the Director of Homeland Security and Investigations, via the officer’s chain of command, before making the arrest.
Term
A Courthouse Security Sergeant or above will accompany the officer to effect the arrest
Definition
INSIDE OF TEH COURTHOUSE
Term
In the event the arrestee has a pending court case, the presiding Judge shall be notified by
Definition
Courthouse Security Personnel
Term
Florida State Statute (F.S.S.) 985.101 provides that a juvenile may be taken into custody under the following circumstances:
Definition
a. Pursuant to an order of the Circuit Court;
b. For a delinquent act or violation of law pursuant to Florida law pertaining to a lawful arrest:
“Violation of law” or “delinquent act” means a violation of any law of this state, the United States, or any other state which is a misdemeanor or a felony or a violation of a county or municipal ordinance which would be punishable by incarceration if the violation were committed by an adult.
c. For failing to appear at a court hearing after being properly noticed; or
d. When there is probable cause to believe that the child is in violation of the conditions of the child's probation, home detention, post-community probation, conditional release supervision, has absconded from non-residential commitment, or escaped from residential commitment.
Term
Juveniles under arrest may be transported with adult prisoners or members of the opposite sex only if they were arrested
Definition
during the same incident
Term
According to F.S.S. 985.11
Definition
A law enforcement agency may fingerprint and photograph a child taken into custody upon probable cause if such child has committed a violation of law
Term
It is not required that the officer await the arrival of the parent prior to beginning the interrogation
Definition
TRUE
Term
When juveniles are truants at the time of arrest, officers will also complete a ?
Definition
Truancy Report
Term
JUVENILE STATUTE
Per F.S.S. 985.101
Definition
if the juvenile committed an act or violation of law which would be a felony if committed by an adult or involves a crime of violence, the arresting officer shall route a copy of the General Offense/Incident Report to the School Board. If no General Offense/Incident Report was completed (e.g., on-view arrest, “victimless crime,” felony
Jacksonville Sheriff’s Office
Arrest
Order Number:
207
Version Number:
3
Page:
15 of 36
narcotics arrest, etc.), the arresting officer shall route this report also to the school board
Term
Officers will file within
Definition
24 hours if working the next day, or within 120 hours if not.
Term
FILING
If a juvenile is arrested with an adult co-defendant,
Definition
the officers shall bring all of the juvenile’s case paperwork with the adult co-defendant’s paperwork, and file them at the same time in the adult circuit division. The SAO will forward the juvenile’s case paperwork to the juvenile circuit division.
Term
JUVENILE
Per F.S.S. 397.6772(2),
Definition
law enforcement officers must notify the parents or the nearest relative of the juveniles being placed in juvenile detox. Officers will affirm parental notification on the detox intake form, or if unable to notify the parents, will request that the juvenile sign a parental notification release. This release will allow “New Beginnings Detoxification Center” to make the required notification.
Term
A “child” or “juvenile” is any person, married or unmarried, less than ? years of age.
Definition
18
Term
Whenever a disagreement exists between the officer and the Intake Officer over whether or not a juvenile requires detention or placement, the officer shall notify the
Definition
on call” State Attorney for a final decision.
Term
Juvenile Arrest and Intake Reports, General Offense/Incident Reports, Supplemental Reports, fingerprints, and photographs regarding juveniles are CONFIDENTIAL and are released only to members of law enforcement agencies and the Juvenile Court System, with the following exceptions:
Definition
a. Juvenile traffic violations;
b. Photographs of juveniles to be used for the express purpose of compiling a “photo spread” in conjunction with a lawful investigation (ref. F.S.S. 985.11(b)(13); and
c. The name, address, photograph, and crime and arrest report of a juvenile arrested for a felony, or found by a court to have committed three or more misdemeanors.
Term
When an arrest is made or a warrant is served for the following crimes, a detective will be notified so that the suspect can be interviewed before being placed in the PDF:
Definition
a. Robbery;
b. Homicide; and
c. Residential and/or Business Burglary
(1) The only exceptions are cases in which the suspect lived at the victim’s residence previously or the incident is domestic related.
(2) If the burglary occurs to Duval County Public School Board Property on weekdays, Monday – Friday between the hours of 0700 – 1600, or 0001 – 0659 seven days a week, a School Board Investigator will be contacted; otherwise a Burglary Detective will be contacted.
d. Sexual battery;
e. All other sexually related crimes;
f. Actual cases of abduction/kidnapping not resulting from a domestic dispute or quarrel;
g. Forgery, Identity Theft, Credit Card Fraud, Schemes to Defraud & Con Games/Flimflams;
h. Drug arrests involving trafficking amounts of a controlled substance (F.S.S. 893.135) whether or not a vehicle is involved;
i. Leaving the scene of an accident with injuries or death (F.S.S. 316. 027)(Felony);
j. Arson (State Fire Marshal Arson Detective); or
k. Any non-life threatening Aggravated Battery, Aggravated Assault incidents (including domestic violence) where a firearm is discharged at an individual and Shooting into an Occupied Dwelling/Vehicle.
l. Auto Burglary.
2. In auto theft cases, a detective will be requested on all Auto Theft cases when the suspect(s) is:
a. Arrested in connection with a chop shop operation;
b. Arrested where multiple stolen vehicles were located;
c. Cooperative and has substantial information on additional auto thefts and/or suspects;
d. In possession of a vehicle with an altered vehicle ID number; or
e. Anytime a supervisor feels that an Auto Theft Detective would be beneficial to the case
Term
In the event a suspect that has been arrested for Auto Theft claims to have bought, borrowed, found, or been given the vehicle, officers will complete
Definition
Auto Theft Arrest Questionnaire and Filing Supplement Form (P-0279) and submit it along with all other paperwork at the time the case is filed with the SAO
Term
after the warrant is validated, it can only be served within the next ? hours. After that time, the validation expires and the warrant must be verified again.
Definition
12
Term
Misdemeanor Arrest Warrant Affidavit Packets for the following misdemeanor charges must be submitted to the SAO in person by the officer and shall not be submitted to the MCI Liaison:
Definition
a. DUI;
b. Domestic related charges;
c. Dating Violence;
d. Stalking;
e. Violations of Injunctions; and
f. Juvenile cases.
Term
An arrest pursuant to a felony arrest warrant requires that the officer who makes the arrest file the case with the SAO and route a copy of the Arrest Report to the officer that obtained the warrantThe following are exceptions to that procedure:
Definition
(1) The arrest warrant originated in the Investigations Division or Narcotics/Vice Section.
(a) Then the detective who obtained the arrest warrant or an on-call detective will be notified so the suspect may be interviewed prior to being placed in the PDF.
(b) If the arrest warrant is for an add-on charge for an incarcerated inmate, the officer serving the warrant is responsible for notifying the on-call detective for the applicable charge.
(c) The detective who obtained the arrest warrant will be responsible for filing the case. A notation will be made at the bottom of the warrant to identify it as an Investigations Division or Narcotics/Vice Section warrant.
Term
The arrest is made by another agency and the only involvement of the JSO officer is to execute the arrest warrant. In those cases, the officer of the other agency will be responsible for filing the case.
Definition
N/A
Term
Arrest warrants must be obtained for the arrest of felony suspects in the suspect’s place of residence. If the arrest is to occur in the residence of a third party, entry into the third-party residence to search for a suspect without consent or the presence of urgent circumstances shall be preceded by a search warrant.
Definition
TRUE
Term
When any of the following circumstances exists, an arrest warrant is not required even though the arrest takes place in a residence
Definition
(1) The arrest must be made immediately for the protection of any person, including a Police Officer (i.e., when delay caused by obtaining a warrant will jeopardize the safety of innocent persons);
(2) The arrest must be made immediately to prevent the successful flight of the suspect;
(3) The arrest is made pursuant to a lawful entry to prevent the destruction of evidence;
(4) 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;
(5) 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;
(6) The arrest is made after the officer develops probable cause for the arrest after having been legally admitted to the residence (e.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);
(7) The arrest is made after the officer has been lawfully admitted to the residence by consent of an adult also living in the residence. The consent must be obtained without the use of deception or coercion (e.g., domestic violence cases); or
(8) 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.
Term
Misdemeanors or MO violations arrests without capias or warrants may be made
Definition
1.)When the person has committed a misdemeanor or violated a MO in the presence of the officer.
2.)A violation of F.S.S. Chapter 316 has been committed in the presence of the officer
3.)There is probable cause to believe that the person has committed a criminal act according to F.S.S. 790.233, or according to F.S.S. 741.31 or F.S.S. 784.047, which violates an injunction for protection entered pursuant to F.S.S. 741.30 or F.S.S. 784.046, or a foreign protection order accorded full faith and credit pursuant to F.S.S. 741.315, over the objection of the petitioner, if necessary.
4.)There is probable cause to believe that the person has committed an act of domestic violence, as defined in F.S.S. 741.28.
5.)(1) Any battery upon another person, as defined in F.S.S. 784.03
6.)An act of criminal mischief or a graffiti-related offense as described in F.S.S. 806.13;
7.)A violation of a safety zone, security zone, regulated navigation area, or naval vessel protection zone as described in F.S.S. 327.461.
Term
The criteria for designation as a Habitual Felony/Violent Offender are found in F.S.S. 775.084 and F.S.S. 985.47.
Definition
N/A
Term
Issuance of Notice to Appear Citations (NTA)
Definition
l. If the charge is Petit Theft and the violator does not have a prior Petit Theft conviction;
m. The violator is not charged with a violation of F.S.S. Chapters 316, 320, or 322. Individuals charged with violations under the provisions of these statutes are not eligible for an NTA;
n. The violator is not charged with Battery on Spouse/Domestic Violence; and
o. Because multiple convictions for prostitution may result in enhanced penalties for offenders, individuals arrested for prostitution must be booked at the PDF in order to assure proper identification.
Term
MO 614.138 prohibits camping, sleeping or lodging in certain specified places. In order to charge a person with a violation of this ordinance:
Definition
a. Officers enforcing MO 614.138 should contact NCIC who will call the designated Homeless Shelter Capacity Coordinator at (904) 394-1362/394-1356 to determine the availability of bed space and comply with provisions of the MO; and
b. The violator must refuse to accept lodging at any homeless shelter in the city.
Term
trafficking in cannabis
Definition
excess of 25 pounds of cannabis, or 300 or more cannabis plants, commits a felony of the first degree
Term
trafficking in cocaine
Definition
28 grams or more of cocaine or any mixture containing cocaine, but less than 150 kilograms of cocaine or any such mixture, commits a felony of the first degree
Term
trafficking in illegal drugs
Definition
A person who knowingly sells, purchases, manufactures, delivers, or brings into this state, or who is knowingly in actual or constructive possession of, 4 grams or more of any morphine, opium, hydromorphone, or any salt, derivative, isomer, or salt of an isomer thereof, including heroin, as described in s. 893.03(1)(b), (2)(a), (3)(c)3., or (3)(c)4., or 4 grams or more of any mixture containing any such substance, but less than 30 kilograms of such substance or mixture, commits a felony of the first degree,
Term
trafficking in hydrocodone
Definition
14 grams or more of hydrocodone, as described in s. 893.03(2)(a)1.j., codeine, as described in s. 893.03(2)(a)1.g., or any salt thereof, or 14 grams or more of any mixture containing any such substance, commits a felony of the first degree
Term
trafficking in hydrocodone
Definition
14 grams or more of hydrocodone, as described in s. 893.03(2)(a)1.j., codeine, as described in s. 893.03(2)(a)1.g., or any salt thereof, or 14 grams or more of any mixture containing any such substance, commits a felony of the first degree
Term
trafficking in oxycodone
Definition
7 grams or more of oxycodone
Term
trafficking in fentanyl
Definition
4 grams or more of:
(I) Alfentanil, (II) Carfentanil, (III) Fentanyl (IV) Sufentanil,
(V) A fentanyl derivative,
Term
trafficking in illegal drugs
Definition
30 kilograms or more of any morphine, opium, oxycodone, hydrocodone, codeine, hydromorphone, or any salt, derivative, isomer, or salt of an isomer thereof, including heroin
Term
trafficking in phencyclidine
Definition
28 grams or more of phencyclidine
Term
an offense report involving murder, attempted murder, sexual battery, attempted sexual battery, stalking, cyber stalking, domestic violence (including related violations of injunctions), kidnapping or false imprisonment relating to domestic violence, dating violence pursuant to Chapter 784.046 F.S.S.; or a warrant or capias for any of the above charges shall complete a
Definition
VINE
Term
If the victim does not have telephone service, ? will be entered in the PIN location.
Definition
NONE
Term
If a victim is incapacitated the officer/detective preparing the Victim Notification Request will assign ? as the PIN and enter the number in the appropriate spot and indicate on the signature line that the victim is incapacitated.
Definition
9999
Term
A ? Request is not required for individuals arrested for Violation of Probation (VOP) or for a capias for Failure to Appear (FTA) involving the enumerated crimes
Definition
VINE
Term
Blue-bordered Department of State identification cards are issued to
Definition
diplomatic officers, United Nations (UN) diplomatic officers, and their families. They are entitled to full criminal immunity and may not be arrested or detained;
Term
Green-bordered Department of State identification cards are issued to
Definition
embassy administrative and technical staff employees. The bearers of these cards are entitled to full criminal immunity;
Term
Green-bordered Department of State identification cards are issued to
Definition
embassy service staff employees. This card entitles the bearer to immunity for official acts only;
Term
Red-bordered Department of State identification cards are issued to
Definition
career consular officers, career consular employees, and honorary consular officers. This card entitles the bearer to immunity for official acts only;
Term
Red-bordered Department of State identification cards are issued
Definition
consular officers, employees, and their families from countries with which the US has special agreements. They are entitled to full criminal immunity and may not be arrested or detained.
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