Standard 1.8

Standard statement

The agency shall have a written directive that specifies the procedures for any arrest, made with or without a warrant.

Discussion

The written directive should include procedures imposed by the U.S. Supreme Court, the Courts of the State of Mississippi, and any legislation pertaining to, or governing, the laws of arrest. Also included should be a description of the circumstances that permit a warrantless arrest; areas that may be searched incident to arrest; both with and without a search warrant; requirements that pertain to arrestee rights, and special processing requirements for juveniles, legislators, foreign diplomats, consular officials, and military personnel. The directive should be updated in a timely fashion so that it reflects new court decisions or laws that add to the substantive laws of arrest.

The discussion clarifies intent and is not a binding part of the standard. For assessment purposes you are required to comply only with the standard statement.