Arrest
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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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ARREST

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Arrest

ARREST


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?


Context assessment aggressor identification

Context AssessmentAggressor Identification


Offensive or defense

Offensive or Defense?


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


Why should an officer avoid dual arrests

Why Should an Officer Avoid Dual Arrests?


Self defense cross complaints

Self-Defense & Cross-Complaints

Defensive injuries

Primary aggressor

Cross-complaints


Dual arrest false arrest

Dual Arrest & False Arrest


Arrest

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


There are 17 remedies in an order of protection six are police enforceable

There are 17 REMEDIES in an Order of Protection:Six are Police Enforceable


All remedies in a civil no contact order are police enforceable

All Remedies in a Civil No Contact OrderAre Police Enforceable


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


Arrest

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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