0840.00 Arrest With Warrant
Refer:
- ORS 133.110 Issuance; citation
- ORS 133.120 Authority to issue warrant
- ORS 133.140 Content and form of warrant
- ORS 133.325 Arrest by peace officer
- DIR 0640.00, Identification Procedures
- DIR 0830.00, Arrest Without Warrant
- DIR 0860.30, Citation-in-Lieu-of-Custody
Definitions:
- Arrest Warrant: a court process or document, directing a police officer to arrest a specific person and either book them into jail or issue a criminal citation on a criminal charge.
Policy:
1. This directive covers the procedure for applying for arrest warrants, as well as arresting on those warrants. Apprehension techniques are covered in training.
2. Warrant arrests are key in maintaining public safety, the timely administration of justice, and reducing crime.
3. Warrant arrests are mandatory, and members should only delay custody on a subject they know to have a warrant when there are specifically articulable safety concerns.
Procedure:
1. Member Responsibilities.
1.1. When making arrests on a warrant sworn members shall:
1.1.1. Confirm that the person arrested is the person listed on the warrant.
1.1.2. Verify that the warrant is serviceable at the time and place of arrest.
1.1.3. Confirm the warrant is valid with the originating agency prior to booking the person into Multnomah County Detention Center (MCDC) or issuing a citation as appropriate. This confirmation shall be documented in the accompanying report.
1.1.4. Provide information on the details of the warrant including charges, any bail, and originating agency as soon as feasible on the request of the arrested person.
1.1.5. If the warrant specifies citation-in-lieu-of-custody, follow the procedures of the issuing agency in obtaining the appropriate court date and time, as well as those specified in Directive 0860.30, Citation-in-Lieu-of-Custody.
1.1.6. Complete any appropriate reports prior to the end of shift.
1.2. When applying for arrest warrants sworn members shall:
1.2.1. Complete an affidavit providing a full and honest statement establishing probable cause for the arrest.
1.2.2. Have the affidavit and warrant application reviewed by their supervisor.
1.2.3. Have the affidavit and warrant application reviewed by the District Attorney’s Office.
1.2.4. Ensure that the District Attorney’s Office has completed a charging instrument prior to presenting the warrant application to a judge.
2. Supervisor Responsibilities:
2.1. Supervisors shall review all warrant applications for accuracy and completeness.
2.2. Supervisors shall review all warrant arrest reports prior to the end of the arresting officer’s shift.
Established: 09/06/01
Effective: 02/24/2024
Next Review Date: 02/24/2026