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.