I. AUTHORITY

This policy is issued under authority granted to the Chief Probation Officer.

II. PURPOSE

The purpose of this policy is to identify and establish the parameters when Deputy Probation Officers may write and submit crime reports for new criminal offenses discovered during the course of their authorized duties.

 

III. APPLICABILITY

This policy applies to all Deputy Probation Officers.

IV. BACKGROUND

California Penal Code Section 836 authorizes peace officers to make warrantless arrests under the following circumstances:  the crime was committed in their presence; the person has committed a felony, although not in the officer’s presence; or the officer has probable cause to believe that the person to be arrested has committed a felony, whether or not a felony, in fact, has been committed.  

V. GENERAL POLICY

1.  Deputy Probation Officers may arrest and submit crime reports on individuals  for criminal offenses discovered during the course of their authorized duties for the following offenses:

• Assault and/or battery on a peace officer
• Resisting arrest
• Providing false identification
• Under the influence of a controlled substance
• Possession of a controlled substance
•  Possession of prescription pills without a valid prescription
• Possession of deadly weapons
• Possession of prohibited firearms
• Possession of firearms by prohibited person
• Violation of criminal protective orders
• Possession of drug paraphernalia
• Public Intoxication
•  Vandalism
• Contributing to the delinquency of a minor
• Disturbance of the peace of school (Community School only)
• Bringing and/or possessing controlled substances or other contraband into a detention facility (Juvenile Hall only)
• Producing a false / tampered urine sample for chemical testing

            Arrest and filing of crime reports that are not on this list require the                           authorization of a Chief Deputy.

 

B. Deputy Probation Officers are not authorized to arrest/submit crime reports on the following offenses:

 

1. Any criminal offense that requires forensic crime scene processing, forensic computer examination or forensic physical examination of a victim.

2. Any criminal offense that requires specialized investigation expertise, i.e. PC 186.22, narcotics sales/distribution, child/elder abuse, etc.

3. Any criminal offense determined to be beyond the training and expertise level of the officers.

 

These cases should be referred to the law enforcement agency of jurisdiction.

 

C. Towing of vehicles for evidentiary purposes shall require supervisor approval.

 

D. Officers assigned to the Narcotics and Gang Task Force positions or other assignments designated by the Chief Probation Officer are exempt from Section B of this policy.  

 

E. Report Preparation: Officer’s Responsibilities

1. Officers are responsible for completing and submitting crime reports taken during their shift before going off-duty unless permission to hold the report has been approved by a supervisor.

 

F. Report Approval: Supervisor’s Responsibilities

1. Supervisors shall review crime reports to determine that specific facts have been articulated justifying the probable cause to arrest.

 

2. If the supervisor determines probable cause does not exist and disapproves the crime report, the supervisors shall ensure the arrested person is released and notify the Chief Deputy regarding the details of the incident.

 

G. Training

1. Officers shall complete Department-approved crime report documentation training and have signed authorization of the Chief Deputy prior to completing and submitting crime reports.

VI. EXCLUSIVITY

This policy will remain in effect until superseded or suspended in writing by the Chief Probation Officer and can be reviewed as needed.