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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 that leads a Law Enforcement Officer
to believe that a crime has been committed
Probable Cause
Who is the primary aggressor?
Context AssessmentAggressor Identification
POLICE TRAINING USE ONLY
Offensive or Defense?
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 does NOT mean first to strike out
Think in terms of the PREDOMINANT aggressor
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 NeedStrict Arrest Laws?
To Protect Victims And
Hold Offenders Accountable
Does your probable cause support an arrest?
Specific crime elements
Witness statements All other evidence
Absence of Probable Cause
NEVER leave the scene using threatening words.
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)
Drug or alcohol use
Denial of abuse
Uncooperative victim
Marital/Financial status of the parties involved.
Dual Arrest (1)
Inappropriate Dual Arrests = Increased Liability
False Arrest = Civil Jeopardy
Dual Arrest (2)
Must have probable cause
Thorough on-scene investigation
Must document grounds for dual arrest
Why Should an Officer Avoid Dual Arrests?
Self-Defense & Cross-Complaints
Defensive injuries Primary aggressor Cross-complaints
Dual Arrest & False Arrest
Quality decisions,
including arrest of
the primary
aggressor, interrupt
the cycles of
violence and can
prevent future
domestic violence
incidents.
High Profile Offenders
Should be treated the sameas any other domestic violence suspect
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
All Remedies in a Civil No Contact Order
Are Police Enforceable
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
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.