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
The responding officer mustarrest the suspect whenever an arrest is mandated.
An officer SHALL arrest the predominant physical aggressor if there is probable cause.
The combination of facts and circumstances
that leads a Law Enforcement Officer
to believe that a crime has been committed
Who is the primary aggressor?
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 does NOT mean first to strike out
Think in terms of the PREDOMINANT aggressor
Handling the Call:
Domestic Violence Vignettes
“Boom! She Knocked Me Across the Head”
Interview for Previous Scene
To Protect Victims
Hold Offenders Accountable
Specific crime elements
All other evidence
NEVER leave the scene using threatening words.
Drug or alcohol use
Denial of abuse
of the parties involved.
Inappropriate Dual Arrests = Increased Liability
False Arrest = Civil Jeopardy
Must have probable cause
Thorough on-scene investigation
Must document grounds for dual arrest
Quality decisions, including arrest of the primary aggressor, interrupt the cycles of violence and can prevent future domestic violence incidents.
Should be treated the same
as any other domestic violence suspect
ALL Violations should be taken seriously
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
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.