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Policy & Procedure Page 1 of 19 Lexington Police Department Subject: Arrest (with or without warrant) Policy Number: 41A Accreditation Standards: Reference: 1.1.4; 1.2.1; 1.2.5(a); 1.2.7 Effective Date: 3/11/13  New  Revised Revision Dates: 1/24/19 By Order of: Mark J. Corr, Chief of Police The Municipal Police Institute, Inc. (MPI) is a private, nonprofit charitable affiliate of the Massachusetts Chiefs of Police Association. MPI provides training and model policies and procedures for police agencies. This policy is an edited version of MPI Policy 1.11, “Arrest.” GENERAL CONSIDERATIONS AND GUIDELINES The authority to arrest, or otherwise deprive a person of their liberty, is one of the most serious and sensitive duties of a police officer. Whenever there is sufficient time and opportunity to do so, a warrant should be obtained in advance of an arrest. By the very nature of police work, however, many arrests must be made without a warrant. Police officers must have a clear understanding of their authority, duties and responsibilities when making a lawful arrest. If an unlawful arrest is made, any search made incidental to that arrest may be found to be unlawful and any evidence seized declared inadmissible. Any confession or admission may also be excluded, if made after an unlawful arrest. In addition, civil liability attaches to unlawful arrests. Officer safety must be a primary concern in arrest situations. It should always be recognized that there is no routine arrest. Because of the unpredictability of human behavior, there is always a potential for danger in every arrest and officers must be alert to this possibility. Life threatening struggles have resulted during simple misdemeanor arrests. As a fundamental guideline in making arrests, all officers should always anticipate the unexpected. It is the policy of the Lexington Police Department:  That officers make mandatory arrests as required by statute or policy;  That officers exercise discretion and make warrantless arrests as appropriate in the performance of their duties;  A warrant should be obtained whenever possible, prior to making an arrest  When appropriate circumstances exist, officers may exercise discretion and issue citations or summonses. Informal resolutions such as warnings and referrals to other agencies may also be alternatives to arrest.