D.C. Mun. Regs. tit. 6, r. 6-A900

Current through Register Vol. 71, No. 49, December 6, 2024

Rule 6-A900 - WARRANTS

900.1

Any member of the police force may legally arrest without a warrant in the following cases:

(a) When a felony has been committed or when the officer has reason to believe that a felony has been committed, whether in his or her presence or not, and the officer in good faith has reasonable grounds for believing from facts within his or her knowledge or from facts communicated to him or her by a reliable informant that the person to be arrested has committed the felony; or

(b) For breaches of the peace, such as assaults and batteries, affrays, riots, unlawful assemblies, and forcible entry and detainer, committed in his or her presence, and for all violations of municipal ordinances or police regulations when committed in the presence or view of the officer.

900.2

A vague belief in the officer's mind, suggested by his or her own thoughts, is under no circumstances, probable cause. There should be reasonable grounds for suspicion, supported by circumstances sufficient to warrant a cautious man to believe that the party is guilty of the offense. Arrests shall not be made for investigation.

900.3

A police officer may legally break and enter a building to make an arrest without a warrant where all of the following circumstances exist:

(a) When a felony has been committed or when he or she has probable cause to believe that a felony has been committed;

(b) When he or she has probable cause to believe that the person believed to have committed the felony is within the building involved;

(c) After he or she has identified himself or herself, stated the nature of his or her business, demanded entrance and entrance has been refused; and

(d) Where the circumstances of the case are such that to attempt to secure a warrant would, in all probability, enable the person believed to have committed the felony to flee and prevent the officer from making the arrest. In all cases where it is possible for the officer to secure a warrant he or she shall do so before attempting to break and enter and arrest without a warrant.

900.4

Knowledge of the fact that a warrant has been issued and is in the possession of the department for service is sufficient to authorize an officer who does not have the warrant with him or her to make an arrest for any offense, felony or non-felony. If the officer does not have the warrant in his or her possession at the onset of arrest, he or she shall then inform the defendant of the offense charged and of the fact that a warrant has been issued. Upon request the officer shall show the warrant to the defendant as soon as possible.

D.C. Mun. Regs. tit. 6, r. 6-A900

Regulation No. 72-2, approved January 14, 1972, 18 DCR 417 (February 7, 1972)

AUTHORITY: Unless otherwise indicated, the authority for this chapter is An Act approved February 28, 1901, as amended by An Act approved June 8, 1906, 34 Stat. 222, and para. 95 of § 402 of Reorganization Plan No.3 of D.C. Official Code, Title 1 Appendix, at 154 (1973).