1. Refer to Texas Code of Criminal Procedure, Article 15.02; Requisites of Warrant.
2. Unless an emergency situation exists, an officer shall confirm the existence of any arrest warrant.
B. Procedures:
1. In executing an arrest warrant, an officer shall inform the person being arrested that the arrest is made pursuant to a warrant. He shall also inform the person of the charge and of the agency issuing the warrant.
2. Warrants from Other Texas Jurisdictions:
a. Refer to Texas Code of Criminal Procedure, Article 15.21; Prisoner discharged if not timely demanded.
3. Out-of-State Warrants:
a. Refer to Texas Code of Criminal Procedure, Chapter 51; Fugitive from Justice.
1.
An arrest report shall be completed.b. Officers shall not execute a misdemeanor arrest warrant issued outside of the State of Texas, unless prior arrangements have been made for extradition.
United States Government military charges, such as AWOL, are subject to requirements of this section.
c. In such cases, a verbal confirmation is mandatory before an arrest is made.
Written confirmation will be obtained and attached to the arrest report.
C. Time Consideration:
1. An officer who lawfully stops or detains a person may initiate a records check to determine whether any arrest warrant is outstanding against that person.
a. For a routine records check, the detention shall not exceed thirty (30) minutes unless exigent circumstances exist.
b. If the officer has a reasonable suspicion that a warrant is outstanding, but because of exigent circumstances, the officer does not receive the requested information within thirty minutes, the detention shall not exceed one hour.
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D. Jurisdiction for Service of Process:
1. Refer to Texas Code of Criminal Procedure, Article 45.202, Service of Process, Section 1.
2. Arrests on warrants issued by Eastland County magistrates served in Eastland, Eastland County or within a county bordering Eastland County:
a. Refer to Texas Code of Criminal Procedure, Article 45.202, Service of Process, Section 2 and Article 15.17 (a). (Persons arrested should be brought to the Eastland County Jail.
b. If no magistrate is available, the person must be booked into the county detention facility of the county of arrest, pending arraignment and bond setting. (Arresting officer should call to ensure a magistrate is available.) c. If the person cannot make bond after it has been set, a member of the Eastland Police Department will make arrangements for transporting the arrested person to the Eastland County Jail.
E. Execution of Arrest Warrants:
1. General guidance:
a. An officer with an arrest warrant may search for the defendant in his or her own home provided that the warrant was valid; the officer searches the defendant's home (not someone else's) and probable cause exists that the defendant is home, at the time of the search. The search for the defendant must be limited to places where he might reasonably be found.
2. Protective sweep:
a. Officers may undertake a protective sweep of premises, without a warrant, following the arrest upon a warrant. Certain limitations must be observed, however:
1.
The purpose of the protective sweep is to discover persons on the premises who might present a danger to officers.2.
Incident to arrest, officers may, without probable cause or reasonable suspicion, look into closets or other spaces immediately adjoining the place of arrest where threatening persons might be located.General Order 400 – Arrest / Investigative Detention 410
3.
In order to extend the protective sweep beyond closets and adjoining spaces, officers must have reasonable suspicion forfearing that persons may be on the premises who pose a threat. In such cases, the sweep is limited to examining places where a person might hide.
b. Officers shall carefully document their reasonable suspicion.
c. During a protective sweep, evidence discovered in plain view may be seized.
d. The sweep must cease when officers have dispelled a reasonable suspicion of danger.
e. With a search warrant, a protective sweep is always justified.
3. When serving an arrest warrant at a third party residence, a search warrant must be obtained unless one of the following exceptions exists:
a. a valid consent to search is obtained;
b. officer is in fresh pursuit; or c. exigent circumstances exist.
4. Officers shall not select the time and place of arrest solely to create the opportunity to embarrass, oppress or inconvenience the arrestee.
5. Refer to Texas Code of Criminal Procedure, Article 15.25; May Break Door.
Whenever an officer forcibly enters a premise to execute a felony arrest warrant, he shall strive to inflict as little damage to the premises as possible.
F. Execution of Local Warrants by Other Departments:
1. Whenever another law enforcement agency within the specified area arrests a person on an Eastland Police Department Class C warrant and the warrant is confirmed, it shall be the responsibility of the Department to transfer the prisoner from that agency to the Eastland Municipal Court, during business hours or the Eastland County Jail, if after hours.
2. Whenever another law enforcement agency outside of the specified area, but within the State of Texas, holds a prisoner on a warrant from this Department, the Criminal Investigation Division shall make arrangements to have the prisoner picked up, within five (5) days or notify the holding agency to release him. This does not affect the responsibility of the Eastland County Sheriff's Department, in accordance with State law, to transport all out of town or out of state prisoners, except those held on Class C warrants and transporting prisoners from outside the Eastland Police Department's jurisdiction.
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3. Whenever an out of state agency notifies this Department that the Agency has executed a Eastland Police Department arrest warrant, that agency will be asked to pursue a waiver of extradition.
X. INCARCERATION WITHIN THE Eastland COUNTY DETENTION FACILITY