Response Procedures
Before entering the premises, peace officers should?
Proceed the scene in a safe and expeditious manner.
What are law enforcement agencies mandated to do?
develop, adopt, and implement policies that encourage the arrest, if there is probable cause, of a domestic violence offender. PC Section 13701(b).
What are 3 things peace officers should do before entering?
coordinate units and plan of approach, request additional (backup) officers if necessary, confirm the address, attempt to obtain a history of the calls to the location, attempt to obtain a history of the parties, including mental health flags, make a tactical and undetected approach to the scene, observe the surroundings, stand to the side of the door and listen, attempt to determine how many people are involved, try to determine the nature of the dispute, try to determine the level of aggression, knock and identify themselves as peace officers.
When can an officer arrest a person under the authority of Penal Code section 836? (only need 2)
A felony/misdemeanor has been committed in the presence of an officer
A felony has been committed outside of the officer’s presence
A person has been arrested under a private person’s arrest
A person has been arrested under PC section 836(c)(1) and 836(d)
Why should you separate all parties?
Prevent reasons from one party influencing statements of the other parties
When can a citizen's arrest occur? (you only need 2)
A public offense committed or attempted in his presence, or
A felony committed outside his presence when
A felony has been, in fact, committed and he has reasonable cause to believe the person to be arrested committed the felony
An arrest is made by a person other than a officer
What should peace officers do once entering the premises?
Determine who is present, their condition, and if a crime has occured
List 4 things that could cause violence from a batterer to continue.
Prior history of arrests/citations involving domestic violence
Violated a criminal court-issued stay-away order
Previously violated, or is currently violating, valid temporary or permanent court orders
An alcohol or substance abuse problem
History of mental illness
Access to weapons
Threatened to kidnap family members
Stalked or harassed family members
Made suicide threats or attempts
What do peace officers need to do:
Separate all parties, control the suspect; remove from premises if necessary, determine the relationship between the involved parties, note and document the physical and emotional conditions of all parties and other witnesses, record all spontaneous statements, obtain statements from all witnesses and parties (subject ot Miranda requirements as to the suspect)
What are the 5 types of responses?
Peace officer arrests and books suspect into jail
Cite-and-release
Private person’s arrest
Keeping the peace/assisting in conflict resolution
Civil (police) stand-by