870.50, Arrest, Felony Processing of Adults
Refer:
- ORS § 181.511, Fingerprinting, identifying data, disposition report required upon arrest
- ORS § 181.515, Crimes for which criminal offender information is required
- Directive 640.00, Identification Procedures
- Directive 640.13, Drug Lab Procedures
- Directive 640.50, Traffic Crash Investigations
- Directive 860.10, Traffic Citations and Arrests
- Directive 860.30, Citations-in-Lieu-of-Custody
- Directive 910.00, Field Reporting Handbook Instructions
Procedure:
1. Felony Arrests:
1.1. The following procedures shall apply when felony arrests are made by sworn members of the Bureau who are not assigned to the Detective Division (Detectives) or other investigative unit (e.g. precinct detective, GET detectives, etc.):
1.1.1. Felony Processing: Persons arrested on Measure 11 felonies will be transported to the appropriate investigative unit, unless directed otherwise by the investigative unit. A detective supervisor will be notified immediately upon arrival.
1.1.1.1. Exceptions:
1.1.1.1.1. Drug Arrests: All felony drug arrests, regardless of classification, will be processed by the arresting member. When circumstances such as quantity of illegal substances, willingness of the suspect to cooperate with the authorities or any unusual aspects of the case make Drugs and Vice Division (DVD) involvement desirable, the arresting member will contact his or her supervisor. If it is determined that DVD involvement would be beneficial, the supervisor will contact a DVD supervisor via phone, or the Bureau of Emergency Communications (BOEC) call-up, to discuss the feasibility and degree of DVD involvement. Arrestees exposed to hazardous materials will be decontaminated at the scene prior to any transport. For proper decontamination procedures, see Directive 640.13, Drug Lab Procedures.
1.1.1.1.2. Traffic Related Arrests: Individuals involved as felony suspects or possible suspects in vehicular collision cases (vehicular assault, manslaughter, criminally negligent homicide, hit and run) will be processed under the provisions of Directive 640.50, Traffic Crash Investigations and Directive 860.10, Traffic Citations and Arrests.
1.1.1.1.3. Warrant Arrests: Fugitives arrested on warrants from outside agencies will be taken to the booking facility, unless there is an immediate need for a detective interview.
2. Class C Felony Arrests:
2.1. All Class C felony arrests will be processed by the arresting member. When unique aspects of the situation make Detective Division involvement desirable, the arresting member will contact his or her supervisor. If it is determined that Detective Division involvement would be beneficial, the supervisor will contact the Detective Division supervisor via phone, or the Bureau of Emergency Communications (BOEC) call-up, to discuss the feasibility and degree of Detective Division involvement. Arrestees exposed to hazardous materials will be decontaminated at the scene prior to any transport. For proper decontamination procedures, see Directive 640.13, Drug Lab Procedures.
2.2. In those cases where it is determined that an immediate interview by Detectives would serve no constructive purpose, or the suspect has requested an attorney, or is generally uncooperative and unruly, arresting members will process the case noting the names of the patrol supervisor and/or detective supervisor who reviewed the arrest in their report. Detectives must be contacted prior to booking any Measure 11 suspect, regardless of the circumstances.
3. Mandatory Booking:
3.1. ORS § 181.511 and ORS § 181.515, mandate that all arrested felony suspects be photographed and fingerprinted upon arrest. If the suspect is not transported to an investigative unit or division, the arresting member will lodge the suspect in Multnomah County Detention Center (MCDC) or cite and release them under the provisions of Directive 860.30, Citations-in-Lieu-of-Custody (C-Cite or Z-Cite), after they have been photographed and fingerprinted.
3.2. All members arresting persons for auto theft charges (e.g. unauthorized use of a motor vehicle - UUMV) will book those prisoners into the Justice Center Jail. C-Cites will not be issued without a supervisor’s approval.
4. Questioning and Interviewing:
4.1. Members will notify a supervisor at once upon bringing a suspect to a precinct, unit, or division for questioning.
4.1.1. The member who transports a suspect to an investigative unit or division will not leave the suspect unattended in a holding cell without first notifying a supervisor or, in the absence of a supervisor, any on duty sworn member of the investigative unit. The transporting member will provide the suspect’s name, charge and a brief statement of the circumstances. The supervisor or member who has been notified is responsible for monitoring the suspect until relieved.
4.2. A member of the Detectives chain of command will, as soon as possible, assign a detective to assist the arresting member, conduct a formal interview of the suspect, and complete the necessary phases of the investigation.
4.3. The arresting member will remain until released by the investigator(s). The member may be requested to assist in the investigation.
4.4. The arresting member will write the required reports prior to leaving Detectives. Once the reports are reviewed by a detective or investigating member or supervisor, copies will be left with Detectives.
4.5. When a defendant is charged with a crime and issued a traffic citation arising out of one incident, the citation will be placed in the envelope and a copy of the traffic citation(s) will be attached to all copies of the report.
4.6. It is the responsibility of Detectives to arrange transportation to the booking facility for those adults brought to Detectives.
5. Reporting:
5.1. Members: When felony arrests are not processed through an investigative unit or division, arresting members will complete all reports as required in Directive 910.00, Field Reporting Handbook Instructions. The arresting officer will prepare a case envelope and deliver, or arrange for its delivery, to the Complaint Signer prior to 1000 hours the next court day. After copies are made, the original reports and photocopies of citations (or unneeded originals) will be forwarded to the Records Division.
5.2. Detectives will ensure that all felony arrests within their area of responsibility are processed completely and forwarded to the District Attorney’s Office by 1000 hours the next court day.
History:
- Originating Directive Effective: 09/06/01
- First Revision Effective: 02/29/08
- Second Revision Effective: 10/22/14
- Next Review Date: 10/22/16
- Review By: Detective Division