ARREST

Arrest The responding officer must arrest the suspect whenever an arrest is mandated.

Mandatory/Pro Arrest An officer SHALL arrest the predominant physical aggressor if there is probable cause.

What is Probable Cause? The combination of facts and circumstances that leads a Law Enforcement Officer to believe that a crime has been committed

Probable Cause Who is the primary aggressor?

Context Assessment Aggressor Identification

Offensive or Defense?

The Meaning of “SHALL”  If you do not comply, you’re not following the law.  If you are not following the law, you are not covered by immunity.  If you are not immune, you are susceptible to law suits.  You MUST do it!

Primary Physical Aggressor Vs. PREDOMINANT Aggressor Primary physical aggressor does NOT mean first to strike out Think in terms of the PREDOMINANT aggressor

Training Exercise Handling the Call: Domestic Violence Vignettes Scene 13 “Boom! She Knocked Me Across the Head” Scene 14 Interview for Previous Scene

Why Do We Need Strict Arrest Laws? To Protect Victims And Hold Offenders Accountable

Does your probable cause support an arrest?  Specific crime elements  Witness statements  All other evidence

Absence of Probable Cause NEVER leave the scene using threatening words.

What Do You NOT Consider in the Arrest Decision? (1)  Claims that victim provoked the violence  Mental health of victim or suspect  Verbal assurances that violence will stop  Ownership/tenancy rights of shared residence

DO NOT Consider in the Arrest Decision (2)  Drug or alcohol use  Denial of abuse  Uncooperative victim  Marital/Financial status of the parties involved.

Dual Arrest (1)  Inappropriate Dual Arrests = Increased Liability  False Arrest = Civil Jeopardy

Dual Arrest (2)  Must have probable cause  Thorough on-scene investigation  Must document grounds for dual arrest

Why Should an Officer Avoid Dual Arrests?

Self-Defense & Cross-Complaints  Defensive injuries  Primary aggressor  Cross-complaints

Dual Arrest & False Arrest

Quality decisions, including arrest of the primary aggressor, interrupt the cycles of violence and can prevent future domestic violence incidents.

High Profile Offenders Should be treated the same as any other domestic violence suspect

Responding to Violations of Protective Orders ALL Violations should be taken seriously

There are 17 REMEDIES in an Order of Protection: Six are Police Enforceable

All Remedies in a Civil No Contact Order Are Police Enforceable

Acknowledgements Resources provided by: - Mark Wynn, Wynn Consulting – th Judicial Circuit FVCC Law Enforcement Committee - OVW Rural Grant Committee, 4 th Judicial Circuit - Law Enforcement Resource Center & Minnesota Program Development, Inc., 2000

This project was supported by Grant #2011-WE-AX-0055, awarded by the Office on Violence Against Women, U.S. Department of Justice, through the Illinois Violence Prevention Authority. The original project was supported by Grant # 2008-WR-AX-0016, awarded by the Office on Violence Against Women, U.S. Department of Justice, through the Illinois Criminal Justice Information Authority. Points of view, opinions, findings, conclusions or recommendations contained within this document are those of the author and do not necessarily represent the official position or policies of the U.S. Department of Justice, Office on Violence Against Women, Illinois Violence Prevention Authority, or the Illinois Criminal Justice Information Authority.