Power To Arrest Training Manual - Nov 2005 Edition

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POWER TO ARREST TRAINING MANUAL

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(Revised 11/05)

47

PART J

MAKING AN ARREST

THE SUSPECT

According to our legal system, a person is innocent until proven guilty. It is up to the

court to decide if a person is guilty - not the police, not the district attorney, and not a

private person. When a person is arrested, he is called a suspect. He is then considered a

suspect until the court finds him guilty or innocent. Therefore, do not refer to an arrested

person as the “criminal,” “offender,” “robber,” “murderer,” “burglar,” or by any other

term which implies guilt. You can say “he,” “she,” “they,” “this person,” or “the

suspect” since none of these terms imply guilt.

MAKING AN ARREST

If you should happen to be in a situation where an arrest is called for, you should tell the

person that he is under arrest and what the charges are, and your authority to make the

arrest. Once you say “You are under arrest for burglary,” the suspect may or may not

cooperate. If the suspect resists and tries to escape, you must then decide whether or not

to use reasonable force. You may ask as many persons as you think necessary to help

you in making the arrest.

USE OF FORCE IN AN ARREST

If a suspect resists arrest, you are allowed to use reasonable force to subdue him.

Reasonable force is that degree of force that is not excessive and is appropriate in

protecting oneself or one’s property. If the suspect submits willingly, no force is

necessary. If a suspect should resist arrest, remember that the only force allowed is that

which is reasonable and necessary to overcome the resistance.

WHAT IS EXCESSIVE FORCE?

Examples of excessive force include knocking unconscious an unarmed suspect when he

is only trying to leave the scene. Handcuffs may be used on persons who have resisted or

on suspects you think may be trying to resist or escape.

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