Power To Arrest Training Manual - Nov 2005 Edition

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POWER TO ARREST TRAINING MANUAL

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(Revised 11/05)

57

PART M

AFTER THE ARREST

WHAT SHOULD A SECURITY GUARD DO AFTER AN ARREST?

After you arrest someone, you must turn him over to the police WITHOUT DELAY. You

should write down the time you (1) made the arrest, and (2) called the police. If you

delay too long in calling the police, you may be guilty of an illegal detention even though

you might have spent the time questioning the suspect.

WHAT IS REASONABLE DELAY?

Reasonable delays, however, are usually acceptable. For example, if you had to walk a

half-mile to get to the nearest phone or wait at your post for your partner to relieve you,

these would be considered reasonable delays. However, if a phone is handy and you wait

an hour before calling, this could be considered an unreasonable delay.

WHAT IS THE PEACE OFFICERS RESPONSIBILITY?

If you have made a legal arrest, the police, by law, must take custody of the suspect.

Custody means “to take charge of.” If the suspect is charged with a serious offense, the

police will probably take him down to the station to take fingerprints and make a photo

identification. Also, they might not release the suspect unless bail is posted.

Taking custody of suspects charged with less serious offenses may not involve going to

the police station. The police may choose simply to cite and release the suspect pending

a hearing. This is also considered “taking into custody.” The police will take down a

statement of what happened, so you should take care to observe as many factual details as

possible. The police will also investigate to collect evidence. You may also be asked to

testify at the trial.

RELEASE FROM CUSTODY

If the peace officer decides to release the suspect, Penal Code section 849 (c) provides

that the peace officer should give a signed statement of the ordered release to the citizen

who made the arrest.

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