LEGAL PROCESS PROCEDURESEPD506.0
TITLELEGAL PROCESS PROCEDURES
/ PROCEDURE NUMBEREPD506.0
SECTIONINVESTIGATIVE PROCEDURES
/ NUMBER OF PAGES4 / EFFECTIVE DATE
10/22/2014 / REVIEW DATE
NEW AMENDS RESCINDS
DATE: / CALEA CHAPTERS74, 82
/ AUTHORITYChief Stephen Walker
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LEGAL PROCESS PROCEDURESEPD506.0
I. PURPOSE
This general order establishes procedures for the reception, documentation and service of legal process.
II. POLICY
To serve and accurately record legal documents assigned by other agencies for service or execution, to review Court decisions that add to the laws of arrest or search and seizure and update procedures in a timely fashion. Accessibility to documents, maintenance of records and accountability are strived for.
III. DEFINITIONS
A. Criminal Process - Any writ, summons, body attachment order, warrant or other judicially issued document compelling a person to appear before a criminal proceeding and includes documents issued to aid in criminal investigations, such as a search warrant. Criminal process is executed/served through the Department only by sworn law enforcement officers.
B. Civil Process - Any writ, summons, or other judicially issued document pertaining to a cause of action of a civil nature. Civil process will be executed/served through the Department only by sworn law enforcement officers.
IV. LEGALPROCESS PROCEDURES
A. Prince George’s CountySheriff’s Warrant System (OSPG)
1. The OSPG Central Warrant System is the central repository for warrant and suspect information. OSPG maintains all records of the criminal process. The following information is continuously available from the files of MILES, OSPG and PGPD:
a. Suspect’s identity or alias;
b. Existence of outstanding warrants; and
c.Identification of the initiator of the warrant.
2. For warrants generated by the Department, officers will ensure that the CCN is recorded in the upper right section of each charging and supporting document prior to forwarding to the OSPG.
3. Unless authorized by the Chief, all warrants will be immediately forwarded to the OSPG. A completed “Suspect Identification Sheet” (P.G.C. Form #3019) will be attached to each warrant, then both will be placed in the OSPG mailbox at
PGPD District I Station.
4. The Chief may authorize retention of warrants within the Department for a maximum of five days, allowing a thorough examination of all aspects of the case.
a. Warrants alleging serious bodily harm or circumstances where serious bodily harm is likely to result or naming a suspect with a history of violence shall never be held.
b. When the examination reveals that the suspect is not a likely threat to personal safety, retention may be granted.
c. When retained, the original warrant and one copy will be maintained in the OSPG mailbox at the PGPD District 1 station. MILES/NCIC entries are not made until the original warrant has been received by OSPG.
5. When the OSPG arrests on a warrant initiated by EPD, the PGPD Records Section receives a copy of the Arrest Report. The PGPD Records Section forwards a copy of the Arrest Report to the Chief, who ensures proper close out of the case. Closing reports shall include date of the arrest, original CCN and complete description of the suspect arrested.
B. Criminal Warrant Service- Officers may serve any warrant within the Town’s limits, but shall be accompanied by a PGPD County officer if serving the warrant alone.
1. For warrant service, officers will carry
copies of the warrant, if available (original warrant remains in file or is forwarded to OSPG). If the warrant service is executed/attempted/ unsuccessful the officer shall document the following on a Suspect Identification Sheet:
a. Date and time service was executed/attempted;
b. Name of officer(s) executing/ attempting service;
c. Name of person on whom legal process was served/executed;
d. Method of service/reason for non-service; and
e. Address of service/attempt.
2. If warrant service is successful this information will be placed on the ArrestReport (if warrant is in PGPD custody) or Incident Report (if warrant is in OSPG custody).
3. When the arrestee is processed, the custody officer will serve the original warrant and destroy the copy.
4. When a warrant service is made pursuant to telex or information provided by another public safety agency, the officer shall place this information in a Miscellaneous Police Services Report.
5. Officers of this Department shall not serve warrants or juvenile writs outside Prince George’s County.
6. When an officer serves a warrant outside the Townthey shall notify the law enforcement agency serving the geographical area and request that they serve the warrant. EPD officers may accompany other Maryland officers but shall not take physical part in the warrant service.
7. The officer will comply with requests by the other agency to process the arrestee prior to release to PGPD.
8. Other warrant service operations by officers in foreign Maryland jurisdictions will be conducted in accordance with District Court rules and applicable provisions of the Courts and Judicial Proceedings Article.
9. Officers will not serve criminal processes outside of this State.
C. Civil Process Service - Civil process service is the responsibility of the OSPG. Officers may assist the OSPG in keeping the peace or enforcing criminal laws at locations where civil process is executed.
IV. INVALIDATION (QUASHING) PROCEDURES
Requests to invalidate (quash) warrants must go through the State’s Attorney’s Office to be presented in court. This requires that the initiating officer write a detailed Supplement Report providing the following:
A. Explain the reason(s) a warrant is to be invalidated.
1. Misidentification of the suspect due to false identification cards.
2. False statements by complainant/ victim.
3. Any other available information.
B. Details of actions taken.
1. New warrant issued under correct name for suspect.
2. Charges brought against individual that made false statements.
3. Any other actions.
V. ARRESTS BY WARRANT
A. When an officer receives a warrant hit on an arrest warrant sworn by other agencies officer, EPD or PGPD officer, other than PGPD CID investigator, the arrestee will be processed and an Arrest Report completed in accordance with General Order UPPD805.0 - “Adult Arrest Procedures/Holding Facilities”.
1. In the charges section the officer will record the District Court Docket number and charge.
2. In the narrative the officer will indicate ‘Warrant Service Only’.
3. The arresting officer will notify the officer who swore out the warrant and document the notification on the Arrest Report. This notification may bevia PGPDcourier system unless the severityof the charge warrants immediate notification.
B. When an officer receives a warrant hit on a PGPD CID warrant, CID will be notified. CID personnel will respond to detention location, take custody of the arrestee and complete the paperwork. The arresting officer will coordinate with PGPD CID in cases where he/she isbringing unrelated instant charges against the arrestee.
C. When an officer makes an arrest based on an OSPG warrant hit, the officer shall transport the arrestee to PGPD District I Station and will turn over the arrestee to the P.G. Department of Corrections. The arrestee need not be processed, but the officer will complete an Incident Report.
If this procedure is not available, the officer shall transport the arrestee to the OSPG Processing Intake Terminal, in Upper Marlboro. There a Sheriff’s Deputy will complete processing.
1. The name/rank/ID number of the Deputy Sheriff accepting custody will be placed in the narrative of the Incident Report.
2. The Sheriff’s Department will initiate required notifications to originating agencies.
D. When an officer makes an arrest on an out of county Maryland warrant, the OSPG will not except nor assume custody of a prisoner from another agency pursuant to a MILES computer hit without the following documents:
1. A copy of the warrant, or
2. A copy of a telex confirmation from an originating Maryland agency verifying that the warrant is open. The telex should state that the originating agency is en-route to pick up the prisoner and provide an estimated time of arrival.
E. Maryland Division of Parole and Probation retake warrants are entered into MILES and NCIC by Maryland State Police (MSP), entries bear the MSP ORI number. The Division of Parole and Probation is responsible for entering cancellations and revisions into those systems by MSP.
1. On confirming a retake warrant hit the officer will make the arrest and transfer custody of the prisoner to the OSPG in accord with Section V(C) of this general order.
2. The OSPG will initiate required notifications to originating agency.
F. When an officer contacts a person for whom an extraditable warrant or writ from a non-Maryland agency exists, the person will be taken into custody.
1. The fugitive will be transported to a police facility and the OSPG notified.
2. The arresting officer must obtain a telex confirmation from the originating agency verifying that the warrant is open.
3. When the telex confirmation has been received the fugitive will be turned over to the OSPG in accordance with Section V.(C) of this general order.
4. The OSPG will handle all processing of fugitives from other jurisdictions.
5. If an arrestee charged with an offense by an officer is determined to be a fugitive, the arresting officer will immediately notify the OSPG. The officer will complete the arrest processing and present the arrestee before a District Court Commissioner. Following presentment, the officer will deliver the fugitive to the OSPG in accordance with Section V(C) of this general order.
G. If an officer outside the Department presents a warrant, charging document or telex for a person in Town and requests Departmental assistance in apprehending that fugitive, officers will assist.
1. Arrests will be handled in accordance with Section V.(C) of this general order.
2. No fugitive will be surrendered to the custody of a non-Maryland jurisdiction. It is unlawful to release a prisoner to an officer not having jurisdiction within the State without completing the extradition process.
End of Document
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