DGO6.18 "Warrant Arrests"

This order establishes policies regarding making warrant checks of citizens, and provides guidelines for the execution of infraction, misdemeanor and felony warrants.

I. POLICY

A. WARRANT CHECKS

1. MANDATORY. Officers shall make a warrant check in the following instances:
   1. Prior to booking any person
   2. Prior to completing a citation for a misdemeanor, infraction, or traffic violation, provided that it can be completed in the time reasonably necessary to issue the citation  
   3. Prior to issuing a vehicle release.
2. OPTIONAL. Officers may make a warrant check in the following instances
   1. When a person is under investigation for a criminal offense and the officer has reason to believe that the person may have an outstanding warrant.
   2. Prior to releasing any person for whom a field interrogation card is made, provided that it can be completed in a reasonable period of time.
   3. During the course of a criminal investigation

B. VERIFICATION. Whenever a person is detained as the subject of a warrant (whether traffic or non-traffic, foreign or local) the detaining officer shall personally contact the Warrant Section and verify that the warrant is valid before acting on the directions of the warrant. When a warrant has been verified and the identity of the subject is confirmed, the subject shall be taken into custody.

II. PROCEDURE

A. TRAFFIC AND NON-TRAFFIC INFRACTION WARRANTS

1. DETENTION AND INVESTIGATION (see DGO 5.03, Investigative Detentions).
   1. Make every effort to verify the subject's identity by comparing his/her birth date, physical description, past or present addresses, past or present vehicle registration and driver license to the information on the warrant. If there is a reasonable doubt that the person is the same as the subject described in the warrant, weigh the benefit in favor of the detained person and consult your supervisor regarding releasing the detainee.
   2. If the person claims he/she has paid the warrant, consult your supervisor. Compare the amount the person claims to have paid with the amount on the warrant, the date of payment, and information from the person as to the type of violation. Again, weigh the benefit in favor of the detained person. If the facts support the assertion that the warrant has been previously paid, release the detainee and write a memorandum to the Warrant Section or the Municipal Court and include the following information:
      • The person's current residence and business address and telephone numbers.
      • The vehicle registration information.
      • Driver license information.
      • Any information verifying his/her current address.
2. POSTING BAIL (also see DGO 4.02, Accepting Bail). After confirming a traffic infraction warrant along with the identity of the detained person, immediately give the person an opportunity to post bail at the district station before booking him/her.
   1. If the person does not have the means to pay the bail, give him/her an opportunity to arrange for another person to provide the bail. The person has the right to:
      • Complete 3 telephone calls (free if necessary, or collect outside the 415 area code).
      • Three (3) hours to produce the bail before being booked.
   2. If the person does not have the means to pay the bail and cannot make arrangements for another person to provide it, he/she shall be booked.
   3. If a person has made arrangements for bail, but the bail has not arrived within 3 hours, the person shall be booked.
   4. In either of the cases above, indicate on the arrest form that the person was given the opportunity to raise bail.

B. CRIMINAL WARRANTS [LOCAL AND ENROUTE (FOREIGN)]

1. VERIFICATION/BAIL. When a local or enroute criminal warrant has been verified along with the identity of the subject, immediately book the person (see DGO 4.01, Booking of Prisoners). Bail for these types of warrants cannot be posted at the district station; it must be posted at Room 201 at the Hall of Justice.
2. UNABLE TO VERIFY. If you cannot verify a foreign (enroute) criminal warrant, follow these procedures:
   1. FELONY. If the warrant is for a felony violation, detain the subject at the County Jail pending verification by the Warrant Section or the Fugitive Unit.
   2. MISDEMEANOR. If the warrant is for a misdemeanor violation, obtain as much information as possible about the identity and residence of the subject and include it in a memorandum. Release the subject and forward the memorandum to the Fugitive Unit.
3. INCIDENT REPORT. After arresting a person on a local or enroute criminal warrant, make an initial or supplemental incident report as appropriate.
   1. If the arrest is for a foreign (enroute) warrant, forward a copy of the report to the Fugitive Unit.
   2. If the arrest is for a local warrant, forward a copy of the incident report to the appropriate investigative section.

References

DGO 5.03, Investigative Detentions 
DGO 4.02, Accepting Bail 
DGO 4.01, Booking of Prisoners