Laserfiche WebLink
Breadcrumb Navigation:
41A-Arrests <br /> <br /> <br />Policy & Procedure Page 2 of 19 <br />PROCEDURES <br /> <br />A. Definitions <br /> <br />1. Arrest: The taking of a person into custody and depriving him/her of his/her <br />freedom of action, in accordance with law, in order that such person can be <br />brought before the court to answer to a criminal charge.i <br /> <br />2. Arrest Warrant: An order in writing, issued by an authorized court official, <br />directed to officers authorized to serve criminal process, commanding them <br />to arrest the person named or described therein and to bring such person <br />before the court to answer to a charge of crime. <br /> <br />3. Breach of the Peace: A violation of public order or decorum, which disturbs <br />the public peace and tranquility; or any act of disorderly conduct, which <br />disrupts the public peace.ii <br /> <br />4. Felony: Any crime punishable by death or imprisonment in the state prison.iii <br /> <br />5. Misdemeanor: Any crime where there is no possibility of punishment by <br />death or imprisonment in the state prison.iv <br /> <br />6. Probable Cause: Probable cause for arrest exists if, at the time of arrest, <br />the facts within the knowledge of the arresting officer (or within the collective <br />knowledge of the police) are reasonably trustworthy and are sufficient to <br />warrant a person of reasonable caution and prudence to believe that the <br />person being arrested has committed or is committing the crime for which <br />the arrest is being made.v <br /> <br />B. Arrests in General <br /> <br />1. Authority <br /> <br />a. Lexington Police Officers gain their authority to make arrests from <br />M.G.L. c. 41, § 98. [1.2.1] “The chief and other officers of all cities and <br />towns shall have all the powers and duties of constables except <br />serving and executing civil process” <br />b. A sworn police officer may make a lawful arrest with or without a <br />warrant. Whenever possible, arrests should be made with a warrant. <br />c. To effectively and lawfully execute an arrest there must be: <br /> <br />i. An intention & purpose on the part of the police officer to <br />take the person into custody and deprive him/her of <br />freedom under lawful authority. <br />ii. The communication to and knowledge by the person of the <br />police officer’s purpose.