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41A-Arrest 2019
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41A-Arrest 2019
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7/17/2019 11:10:49 AM
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<br /> <br />Policy & Procedure Page 1 of 19 <br /> <br />Lexington Police <br />Department <br />Subject: Arrest (with or without warrant) <br /> <br />Policy Number: <br /> 41A Accreditation Standards: <br />Reference: 1.1.4; 1.2.1; 1.2.5(a); 1.2.7 Effective Date: <br />3/11/13 <br /> New <br /> Revised <br />Revision <br />Dates: <br />1/24/19 <br /> <br />By Order of: Mark J. Corr, Chief of Police <br /> <br /> The Municipal Police Institute, Inc. (MPI) is a private, nonprofit charitable affiliate of the <br />Massachusetts Chiefs of Police Association. MPI provides training and model policies and <br />procedures for police agencies. This policy is an edited version of MPI Policy 1.11, “Arrest.” <br /> GENERAL CONSIDERATIONS AND GUIDELINES <br />The authority to arrest, or otherwise deprive a person of their liberty, is one of the most <br />serious and sensitive duties of a police officer. Whenever there is sufficient time and <br />opportunity to do so, a warrant should be obtained in advance of an arrest. <br />By the very nature of police work, however, many arrests must be made without a <br />warrant. Police officers must have a clear understanding of their authority, duties and <br />responsibilities when making a lawful arrest. <br />If an unlawful arrest is made, any search made incidental to that arrest may be found <br />to be unlawful and any evidence seized declared inadmissible. Any confession or <br />admission may also be excluded, if made after an unlawful arrest. In addition, civil <br />liability attaches to unlawful arrests. <br />Officer safety must be a primary concern in arrest situations. It should always be <br />recognized that there is no routine arrest. Because of the unpredictability of human <br />behavior, there is always a potential for danger in every arrest and officers must be alert <br />to this possibility. Life threatening struggles have resulted during simple misdemeanor <br />arrests. As a fundamental guideline in making arrests, all officers should always <br />anticipate the unexpected. <br />It is the policy of the Lexington Police Department: <br /> That officers make mandatory arrests as required by statute or policy; <br /> <br /> That officers exercise discretion and make warrantless arrests as appropriate <br />in the performance of their duties; <br /> A warrant should be obtained whenever possible, prior to making an arrest <br /> <br /> When appropriate circumstances exist, officers may exercise discretion and <br />issue citations or summonses. Informal resolutions such as warnings and <br />referrals to other agencies may also be alternatives to arrest.
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