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ARREST. Arrest. The responding officer must arrest the suspect whenever an arrest is mandated. Mandatory/Pro Arrest. An officer SHALL arrest the predominant physical aggressor if there is probable cause. What is Probable Cause?. The combination of facts and circumstances

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Presentation Transcript
arrest1
Arrest

The responding officer mustarrest the suspect whenever an arrest is mandated.

mandatory pro arrest
Mandatory/Pro Arrest

An officer SHALL arrest the predominant physical aggressor if there is probable cause.

what is probable cause
What is Probable Cause?

The combination of facts and circumstances

that leads a Law Enforcement Officer

to believe that a crime has been committed

probable cause
Probable Cause

Who is the primary aggressor?

the meaning of shall
The Meaning of “SHALL”

If you do not comply, you’re not following the law.

If you are not following the law, you are not covered by immunity.

If you are not immune, you are susceptible to law suits.

You MUST do it!

primary physical aggressor vs predominant aggressor
Primary Physical Aggressor Vs. PREDOMINANT Aggressor

Primary physical aggressor does NOT mean first to strike out

Think in terms of the PREDOMINANT aggressor

training exercise
Training Exercise

Handling the Call:

Domestic Violence Vignettes

Scene 13

“Boom! She Knocked Me Across the Head”

Scene 14

Interview for Previous Scene

why do we need strict arrest laws
Why Do We NeedStrict Arrest Laws?

To Protect Victims

And

Hold Offenders Accountable

does your probable cause support an arrest
Does your probable cause support an arrest?

Specific crime elements

Witness statements

All other evidence

absence of probable cause
Absence of Probable Cause

NEVER leave the scene using threatening words.

what do you not consider in the arrest decision 1
What Do You NOT Consider in the Arrest Decision? (1)
  • Claims that victim provoked the violence
  • Mental health of victim or suspect
  • Verbal assurances that violence will stop
  • Ownership/tenancy rights of shared residence
do not consider in the arrest decision 2
DO NOT Consider in the Arrest Decision (2)

Drug or alcohol use

Denial of abuse

Uncooperative victim

Marital/Financial status

of the parties involved.

dual arrest 1
Dual Arrest (1)

Inappropriate Dual Arrests = Increased Liability

False Arrest = Civil Jeopardy

dual arrest 2
Dual Arrest (2)

Must have probable cause

Thorough on-scene investigation

Must document grounds for dual arrest

self defense cross complaints
Self-Defense & Cross-Complaints

Defensive injuries

Primary aggressor

Cross-complaints

slide21

Quality decisions, including arrest of the primary aggressor, interrupt the cycles of violence and can prevent future domestic violence incidents.

high profile offenders
High Profile Offenders

Should be treated the same

as any other domestic violence suspect

responding to violations of protective orders
Responding to Violations of Protective Orders

ALL Violations should be taken seriously

acknowledgements
Acknowledgements

Resources provided by:

- Mark Wynn, Wynn Consulting – www.markwynn.com

- 4th Judicial Circuit FVCC Law Enforcement Committee

- OVW Rural Grant Committee, 4th Judicial Circuit

- Law Enforcement Resource Center & Minnesota Program Development, Inc., 2000

slide27

This project was supported by Grant #2011-WE-AX-0055, awarded by the Office on Violence Against Women, U.S. Department of Justice, through the Illinois Violence Prevention Authority.

The original project was supported by Grant # 2008-WR-AX-0016, awarded by the Office on Violence Against Women, U.S. Department of Justice, through the Illinois Criminal Justice Information Authority.

Points of view, opinions, findings, conclusions or recommendations contained within this document are those of the author and do not necessarily represent the official position or policies of the U.S. Department of Justice, Office on Violence Against Women, Illinois Violence Prevention Authority, or the Illinois Criminal Justice Information Authority.

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