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104.00 - ARRESTS

REV. 4-09 104.00 - ARRESTS 104.00 Arrests 104.01 GeneralArrestProcedures104.02Female Suspects and Prisoners104.03General Sessions Summons and Complaint104.04 InvestigationandHoldArrests104.05 ChangingCharges104.06 WithdrawingCharges104.07City Ordinance Violations Committed Out of the Officer's Presence or by a Suspect No Longer at the
Scene104.08 WarrantlessArrests104.09Central Want and Warrant File104.10 ArrestWarrants104.11 SearchesandSeizure104.12Warrantless Searches of Automobiles104.13 PlainViewDoctrine104.14 AssistingPeaceOfficer104.15 RighttoCommunicatewith Attorney and Family104.16Duty of Officers to Admit Attorney104.17Treatment While in Custody104.18Processing Pick-ups or Cancellations for Wanted Persons104.19Writs of Habeas Corpus104.20Use of DPD 366, Statement104.21Use of DPD 368, List of Witnesses104.22Use of DPD 369, Advisement104.23General Session Order-Ins to Court104.24Request to Appear, DPD 75104.25Using the Criminal Summons and Complaint for Misdemeanor Arrests104.26Arrest of Postal Employees or Persons Operating Trains or Transit Buses104.27Arrests for Taxi Violations104.28Arrests and Procedure on Federal Property and Relations with Other Agencies104.29Arrests for Weapons Related Incidents104.30Processing the Mentally Ill104.31Escapes and Hospital Security104.32Civil Stand-By for the Recovery of Personal Property104.33Misdemeanor Criminal Mischief Arrests104.34 Evictions
104.35Restraining Orders - Enforcement104.36Auto Theft and Theft From Motor Vehicle Investigations104.37 MagazineSolicitors104.38 AnimalComplaints104.39Contacting Employees at Place of Employment104.40Colorado Victim Rights Statute104.41Theft of Meals - Gas104.42Utilization of Arrest Teams at the Scene of Non-Violent Demonstrations Where Unlawful Acts are
Committed104.43 MassArrests104.44 Line-UpProcedure104.45Persons Held for Colorado State Parole104.46Night Club Occupancy Regulations - Enforcement104.47Arrest of Bail Bond Fugitives104.48 ProtectiveCustody104.49 Elderly/DisabledPersons/PersonswithDisabilities104.50 DomesticViolence104.51Arrests in Liquor Licensed Establishments104.52Arrest/Detention of Foreign Nationals104.53 NuisanceAbatement104.54 ImmediateEntrySearchWarrants104.55 OperationalPlanning104.56 DeconflictionDENVER POLICE DEPARTMENT OPERATIONS MANUAL 104 - 1 REV. 3-06 104 - 2 DENVER POLICE DEPARTMENT OPERATIONS MANUAL REV. 3-06 104.00 - ARRESTS 104.01 General Arrest Procedures (1)Arrest by peace officer. A peace officer may arrest a person when:a.He has a warrant commanding that such person be arrested; orb.Any crime has been or is being committed by such person in his presence; orc.He has probable cause to believe that an offense was committed by the person to be arrested.
An arrest warrant must be obtained when possible. Officers have the right to make a
warrantless arrest when exigent circumstances exist, i.e. urgent, critical or those that require
immediate action.d.A Denver Police officer may make arrests outside Denver's jurisdiction and within the State of
Colorado for felonies and misdemeanors that are being, or have been committed, in the
presence of a Denver Police officer.1.This authority does not extend to Denver Police officers on suspended status.2.All Denver Police officers will be accountable to existing procedures or directives
governing arrests, use of force and reporting of the same.3.All Denver officers making an arrest outside Denver's jurisdiction will report their
actions to their commanders in writing before the completion of their next duty shift. An
officer on vacation or ASL will make the notification by phone within 24 hours of the
arrest.4.The local law enforcement agency having jurisdiction shall be immediately notified.
Any person arrested shall be released to the custody of the local law enforcement
agency. Denver officers will complete any reports required by the local law
enforcement agency.e.Officers shall not make arrests for offenses when a warning or citation would suffice.(2)Arrest - when and how made.a.An arrest may be made on any day and at any time of the day or night.b.All necessary and reasonable force may be used in making an arrest.c.All necessary and reasonable force may be used to effect an entry upon any building or
property or part thereof to make an authorized arrest. C.R.S. §16-3-101. If on federal property,
see OMS 104.28.(3)Stopping of suspect. A peace officer may stop any person who he reasonably suspects is committing,
has committed, or is about to commit a crime, and may require him to show his identification. An officer
has the right to ask the following:a.Nameb.Address, (if the person is driving a motor vehicle, you may ask for):1.Driver’s license2.Automobile registration3.Proof of insurancec.An explanation of his actions (i.e. where he is coming from or going to.) The person does not
have to reply. The stopping shall not constitute an arrest. C.R.S. §16-3-103.(4)When a peace officer has stopped a person for questioning and reasonably suspects that his personal
safety requires it, he may conduct a limited search, or FRISK by patting down the outer clothing for
weapons.a.If a FRISK reveals what feels like a weapon, he may search for and remove it from the clothing.
The officer may take any:1.WeaponDENVER POLICE DEPARTMENT OPERATIONS MANUAL 104 - 3 REV. 3-06 2.Contraband (Possession of any illegal item)3.Stolen goodsb.If the FRISK reveals what feels like a weapon, the officer will have cause to arrest and make a
full search of the person and the immediate area within the person's reach.c.At the conclusion of a "stop and frisk", you must arrest or let the person go.(5)There are rules regarding searches of a person, his home, and his car. Generally, a police officer may
search only (except for certain emergency situations):a.With the person's permissionb.With a search warrantc.When an arrest is made(6)A person has the right to know for what he is being arrested, and to be advised of his rights when
required.(7)After you have advised the suspect that he is under arrest, the suspect shall be searched thoroughly
and handcuffed.(8)Strip Searches or Body Cavity Searches - When Authorized or Prohibited (C.R.S. §16-3-405).a."Strip search" means having an arrested person remove or arrange some or all of his or her
clothing so as to permit a visual inspection of the genitals, buttocks, anus, or female breasts of
such person.b.No person arrested for a traffic or a petty offense shall be strip searched, prior to arraignment,
unless there is a reasonable belief that the individual is concealing a weapon or a controlled
substance or that the individual, upon identification, is a parolee or an offender serving a
sentence in any correctional facility in the state or that the individual is arrested for driving while
under the influence of drugs.c.Any strip search that is conducted shall be performed by a person of the same sex as the
arrested person and on premises where the search cannot be observed by persons not
physically conducting the search.d.Every Denver police officer conducting a strip search shall obtain the written permission of the
police commander or an agent thereof designated for the purposes of authorizing a strip
search. A Command Officer, Sergeant, or Acting Sergeant is delegated the authority to give
written permission.e.No search of any body cavity other than the mouth shall be conducted, without first obtaining a
search warrant. In cases where a person is suspected of having secreted narcotics or
contraband in a body cavity, assistance shall be obtained through the Communications Bureau
from the on call Vice/Drug Control Bureau supervisor and the on-call attorney from the Denver
District Attorney's Office.1.Written permission will also be required from a police command or an agent thereof
authorizing the strip search and/or body cavity search.2.The search must be performed under sanitary conditions and conducted by a licensed
physician or nurse.f.Written permission for a strip search shall be obtained on Strip Search Authorization, DPD 81.
The completed form will be retained by the police department and will be maintained in the
detective’s case filing.(9)Officers should order-in, rather than jail, persons who have committed traffic offenses. See
OMS 204.05. The following traffic offenses are excepted.a.DUI cases - See OMS 204.05(2)c.b.Traffic cases where resistance or interference is involved. See (10) b.c.Juvenile Traffic Arrests1.When necessary to arrest a juvenile for a traffic violation, the violator shall immediately
be taken to Headquarters Special Operations Division. See OMS 204.17.104 - 4 DENVER POLICE DEPARTMENT OPERATIONS MANUAL REV. 3-06 2.The investigator will determine if the juvenile is to be incarcerated. The investigator's
decision shall be final.3.Prior to incarcerating a juvenile, the investigator shall place appropriate approval on the
reverse side of the City Attorney’s copy of the Uniform Traffic Summons and
Complaint/Penalty Assessment Notice. See OMS 204.17(7).(10)Officers should, at their discretion, order-in rather than jail in assault and disturbance cases, if, in their
opinion:a.There is no danger of a continuing assault and no danger to other persons, andb.No resistance or interference to the officer involved. Prior to incarcerating a person on the
charge of resistance and/or interference, the officer shall receive approval from a superior
officer. The officer's log sheet entry shall include the name of the superior officer approving the
incarceration. See OMS 105.00, Use of Force.c.For other minor misdemeanors, the officers should generally order-in rather than jail unless
there is resistance or interference to the officer.d.If you are in doubt, call your sergeant.(11)The scout car shall be used to transport all prisoners whenever possible. Juveniles may be transported
in the scout car only in an emergency situation with a supervisor's permission.(12)When it is necessary or advisable to transport a prisoner in a solo officer car, the handcuffed prisoner
shall be secured with a safety restraining device while sitting in the front seat and to the right of the
officer. All necessary precautions will be taken by the officer.a.When the police vehicle is equipped with a prisoner cage, all prisoners being transported shall
be handcuffed and placed within the cage. Prisoners shall be secured with a safety restraining
device unless, by their resistance or non-cooperation, this is neither practical nor safe for the
officer.(13)When transporting a prisoner in a two officer car, the handcuffed prisoner will be secured with a safety
restraining device while seated in the right rear seat. One officer shall always be seated to the left of
the prisoner and directly behind the officer driver. All necessary precautions will be taken by both
officers.(14)After a suspect has been arrested, the officers shall search the scene of the arrest for weapons,
contraband, or evidence that may have been concealed, dropped, or thrown away by the suspect.(15)After the suspect has been transported in a patrol car or the scout car, the vehicle shall be searched by
the officer for any weapons or evidence that the suspect may have been able to discard therein.(16)Keep all suspects separated.(17)Do not take suspect(s) back to the scene of the crime or allow them to return to their home, room, car,
or elsewhere on any pretext without the consent of a supervisory officer.(18)Identification of suspects: When a description of a suspect is so general that there is uncertainty that
the proper suspect is being detained, the victim or witness should be transported to the location of the
stop to make identification.(19)At no time shall a charge of "Safe Keeping" or "Shelter" be placed against a prisoner without
authorization of a commanding officer.(20) FugitiveArrestsa.Except in instances of fresh pursuit, fugitives who are arrested in the City and County of Denver
for other law enforcement agencies, even though an official of that agency is present, shall be
booked into the Detention Facility, "Hold for Fugitive Unit."b.Prior to jailing persons wanted by other jurisdictions, the arresting officer shall bring the party to
the Identification Section for warrant verification and bond information.c.The arresting officer must receive a copy of the warrant, a verified signed copy of the computer
hit, or a copy of the request for verifying computer hit information to attach to the Warrant Arrest
Report, DPD 288. Persons wanted on out-of-state warrants will be charged with "Hold for
Fugitive Unit". Persons wanted on in-state warrants will be held for that jurisdiction, i.e., "Hold
Jefferson County Sheriff Department, Warrant # ....."DENVER POLICE DEPARTMENT OPERATIONS MANUAL 104 - 5 REV. 3-06 d.Whenever an individual is arrested on an out-of-state warrant, the arresting officer shall make a
photocopy of the completed Warrant Arrest Report, DPD 288, and attach it to a letter to the
Fugitive Unit which outlines the circumstances of the arrest.e.Outside law enforcement agencies arresting persons who are wanted on any Denver warrant
have the following options:1.The arresting agency may process the prisoner through its own facility and later
transfer the party to the Denver Detention Facility by personnel of the Denver Sheriff
Department. These arrangements shall be made by the Fugitive Unit.2.The arresting agency may bring the prisoner to Denver's Identification Section, verify
identity, obtain a copy of the warrant, and deliver the prisoner to the Detention Facility
for booking.f.Juveniles arrested by an outside jurisdiction.1.Juveniles wanted by Denver for criminal offenses, but arrested in another jurisdiction,
will be processed by the arresting jurisdiction in accordance with OMS 104.01(20).2.Juveniles arrested by another jurisdiction may be transported to the custody of a
Denver officer at the City boundary if they are runaways (reported or non-reported) or
victims of abuse or neglect occurring in Denver. The arresting jurisdiction must contact
the Communications Bureau to arrange transportation.g.Members of the Denver Police Department will not be sent to or agree to meet a representative
of an outside agency for the purpose of accepting a prisoner for transportation to the Denver
Detention Facility.(21)Officers shall not take action on any case reported personally to them, where the Department does not
have the original jurisdiction except arrests with warrants, without the approval of their commanding
officer.(22) FreshPursuita.C.R.S. §16-3-106 of the Colorado Revised Statutes (C.R.S.) gives a police officer three (3)
alternatives in pursuing a suspect across county lines:1.To arrest the suspect2.Issue a summons and complaint3.Issue a notice of penalty assessment (Not used in Denver)b.A suspect would only be taken into custody in subsection a. 1 above:1.After pursuit and upon an arrest, in a county other than Denver, the suspect shall be
returned and booked in at Denver Pre-Arraignment Detention Facility. (It is not
necessary to have the suspect booked into the jail in the county where apprehended;
however, as a matter of courtesy the appropriate agency in the jurisdiction will be
notified.)2.Any offense that the suspect might have committed while being pursued in another
county would be considered as a continuing offense, which could be included along
with the original charge and tried in Denver County Court. See C.R.S. §18-1-202(7).(23)Reference can be made to the Mechanics of Arresting, Searching, and the Transporting of Prisoners in
the Training Bulletins.(24)Investigation Division Arrest Procedures for Adultsa.All adults arrested between the hours of 7:30 a.m. and 4:00 p.m., for investigation of an offense
or pursuant to a warrant, who are the responsibility of the Investigation Division, shall be taken
directly to the Investigation Division by the arresting officer.b.The arresting officer will simply take the prisoner, and all related paperwork to a supervisor of
the bureau involved. This supervisor will then review the case and assign a detective to the
cases requiring immediate attention.104 - 6 DENVER POLICE DEPARTMENT OPERATIONS MANUAL REV. 3-06 c.For those adult arrests that occur between 4:00 p.m. and 7:30 p.m., the arresting officer shall
contact his immediate supervisor who will be responsible for approval of all paperwork. The
officer shall then forward the paperwork, in Arrest Package Envelope, DPD 130, to the
appropriate bureau and book the prisoner for "Investigation" of the applicable offense. NOTE:
Statements and documentation must clearly articulate probable cause and all details of the
arrest, for each charge.d.In either instance, the supervisor will have final authority in determining the charges placed
against the suspect. The supervisor will ensure that all documents necessary to establish
probable cause and support the arrest are complete and have been approved by them, prior to
being forwarded.1.Once all paperwork is approved for a felony arrest, the arresting officer will take the
accused to the Detention Facility, or arrange for transport of the arrestee by Scout Car.
In addition to the documents currently required, the arresting officer will also provide
the jail with a completed Felony Processing, DPD 275, for bonding and advisement
purposes. A thorough Statement of Probable Cause articulating all elements of the
offense must accompany the Felony P.A.2.Should the suspect be held for investigation of a misdemeanor, a completed
Misdemeanor Processing, DPD 314, must accompany the suspect to the Detention
Facility. A thorough Statement of Probable Cause, articulating all elements of the
offense, must accompany the Misdemeanor P.A.3.Officers will not place any dollar amounts for bonds on Felony or Misdemeanor
Processing Forms, or on the bottom of the Criminal Summons & Complaint.4.Each of these forms shall be completed at the direction of the supervisor approving the
arrest and paperwork.e.All juvenile arrests must be processed through the Juvenile Intake Desk.(25)Arrest of Denver Community Corrections Inmatesa.When called to a residential halfway house to arrest a rejected inmate placed by the Denver
Community Corrections (D.O.C.) Board, the responding officer(s) shall search, handcuff, and
transport the subject to the Detention Facility.b.The arresting officer(s) will not be required to complete a General Session Summons &
Complaint. The staff member at the halfway house will provide the officer with a completed
"Officer's Arrest Report", Denver Sheriff Department Form #38, showing the charge of
"Hold/Violation of Probation".c.If any additional violations such as resistance, disturbance, etc., occurred during the arrest and
transportation of the prisoner, the transporting officer will file these charges on a General
Session Summons & Complaint.d.This procedure applies only to Denver District Court Probation clients and NOT to Colorado
Department of Corrections (D.O.C.) parolees. Both agencies operate community-based
corrections facilities in Denver.(26)Arrest of Denver Police Officers, Denver Sheriffs, or any other Law Enforcement Officersa.Whenever it becomes likely that probable cause exists to arrest or to file any charges on a
Denver Police Officer, Denver Sheriff, or any other Law Enforcement Officer within the City and
County of Denver, the Internal Affairs Bureau will be notified immediately to assess whether this
bureau will handle the filing and/or charging of the officer or sheriff.b.Whenever a Denver Police Officer or Denver Sheriff is criminally charged or arrested in another
jurisdiction, the Internal Affairs Bureau shall be notified as soon as possible, if not by the
jurisdiction involved, by the officer or sheriff themselves.104.02 Female Suspects and Prisoners (1)Females shall not be touched by male officers except when necessary to take them into custody and todiscover and seize weapons.DENVER POLICE DEPARTMENT OPERATIONS MANUAL 104 - 7 REV. 3-06 (2)When females are transported, the dispatcher will be notified of the vehicle unit number, startingmileage and destination. Upon arrival, the officer will give his ending mileage.(3)Females shall not be interviewed alone by a male officer at Headquarters or district stations unlessthere is visibility into the room through glass or an open door, or a room where video monitoring
equipment is present and in operation.(4)Females shall not be transported in the scout car with male prisoners unless they are husband andwife, or when the scout car has the accommodations for separation. 104.03 General Session Summons and Complaint, DPD 287 (1)The General Session Summons and Complaint form is used whenever an adult suspect is charged with
a violation of the Denver Revised Municipal Code (D.R.M.C) or Colorado Revised Statutes (C.R.S.),
EXCEPT TRAFFIC. The completed form shall accompany the prisoner to the Detention Facility or be
processed by the Courts in the case of an order in.(2)The General Session Summons and Complaint is a legal document, consisting of an original and three
copies. The top sheet is the original of the complaint and the actual court docket. The first copy is the
Defendant's Copy, the second copy is the Police Department’s Copy, and the third copy is the City
Attorney's Copy.(3)Front side of form:a.All writing on this form must be done with a black ball point pen using sufficient pressure to
ensure that all handwritten information on all copies of the document is legible. The cardboard
flap of the book must first be placed under the last copy of each set of the form to ensure a hard
writing surface. All handwritten information is to be printed in block letters except for the
officer's signature.b.If the officer is unable to obtain the correct name, address, place of employment, or date of
birth, he will leave the space provided blank and the sheriff will complete. If the suspect refuses
to provide a name, the officer will write "John Doe" or "Jane Doe", (whichever applies) on the
top of the GSS&C in the blank space immediately to the right of the words "GENERAL
SESSION SUMMONS AND COMPLAINT".c.To charge a defendant with an offense not listed on the face of the Summons and Complaint,
the arresting officer will print the appropriate section number and a brief description of the
violation in the space marked "other violations".d.Arresting officers, when jailing or ordering defendants into court on the General Session
Summons and Complaint, will make the appearance date to schedule a court date fourteen (14)
days later, if such fourteenth day is a court day. If the fourteenth day is not a court day, the
return date shall be on the next court date following the fourteenth day. Officers must be
careful to avoid making the return date on Saturday, Sunday, or a holiday. (The General
Session Summons and complaint states defendants may call the county Court or appear in
person to schedule a court date.)e.In the case of a warrantless arrest, when the suspect is jailed, the bottom half of the form
"Statement of Probable Cause", must be completed. If additional space is needed, use
Statement of Probable Cause, cont., DPD 287A. See OMS 104.08. For a definition of
probable cause, see OMS 104.50(4)b.(4)Reverse side of form:a.The reverse side of the original copy of the complaint is the court "docket" and is not to be used
by officers.b.After filling out the face of the original complaint, a carbon must be inserted between the Police
Department’s Copy and the City Attorney's Copy so that when the back of the City Attorney's
Copy is written upon, this information will also appear on the back of the Police Department
Copy.104 - 8 DENVER POLICE DEPARTMENT OPERATIONS MANUAL REV. 3-06 c.The back of the Police Department’s and the City Attorney's copies must contain all the
pertinent information concerning the description of the prisoner and clothing, and the details of
the arrest, which should begin with the date, time, and location of the arrest. If the prisoner was
jailed and this information is included in the "Statement of Probable Cause" on the face of the
form, it need not be repeated in the Officer's Notes.1.If more than one person was charged by officers in a single event, this information
should be recorded on the "co-defendant" line. This will enable the courts to
"cross-reference" the cases.2.Any injuries to the prisoner must be documented; if there are no injuries, enter "none".3.Officers' notes should include any voluntary statements made by a prisoner concerning
infectious diseases. A notation should also be made when a subject has blood or
bodily fluids present on his person or clothing.4.List information concerning autos, vehicle license plates, and operator licenses when
required.5.If the prisoner is not booked, but is sent to Denver Health Medical Center with a hold
order, the following procedure shall apply:a.All patients who are on a Denver Police Department hold for arrest who are or
who indicate they may become combative will be handcuffed and transported with
a Denver Police officer accompanying the patient in the ambulance, en route to
the hospital. All other patient/prisoners on a Denver Police Department hold will
be handcuffed and transported via ambulance with a Denver Police officer
following directly behind the transporting ambulance. The prisoner/patient will
remain the responsibility of the Denver Police Department officer until custody is
transferred to the Denver Sheriff’s Department at the Denver Health Medical
Center (D.H.M.C.).b.Searching of the patient/prisoner prior to transport will be the responsibility of
the Denver Police officer who affected arrest unless it would interfere with the
necessary medical treatment. In the event that a search cannot be
accomplished, a Denver Police officer will accompany the patient/prisoner in
the ambulance unless the following exception applies: Whenever a
patient/prisoner in critical condition is transported from the field without a
Denver Police officer escort, officers will respond to D.H.M.C. to cause custody
transfer to the Denver Sheriff’s Department. Also see OMS 109.02(2) Sick and
Injured Report, DPD 150.d.Names, addresses, and telephone numbers of witnesses, accomplices, and complainants
should be listed, and designated whether a witness or an accomplice, so if the prisoner pleads
not guilty, the court may summon a witness to court for testimony. Officers shall inquire as to
whether the witnesses and complainants wish their addresses to remain confidential. If the
complainant or witness so indicates, officers shall check the "Address Confidential" box found
on the bottom of the page. The City Attorney's office will then withhold this information during
discovery proceedings.e.After making all necessary entries on the General Session Summons and Complaint form, the
officer completing the form shall determine which officer involved in the arrest is most qualified,
because of personal knowledge of the facts of the case, to be the best witness for the
prosecution. The name and serial number of this officer shall then be placed on the top line on
the front of the General Summons and Complaint form. This officer shall be the only police
witness to receive a court appearance notice.f.Endorse all officers who are needed for the successful prosecution of the case. Only testimony
of a competent witness is admissible. Unless an officer has personal or direct knowledge of the
facts of a case, he is not a competent witness in that case.(5)Service and Distribution of Summons and Complainta.When the General Session Summons and Complaint form is completed, and it has indicated
the date, time, and by whom it was served, the Defendant’s copy shall be given to the
defendant.DENVER POLICE DEPARTMENT OPERATIONS MANUAL 104 - 9 REV. 3-06 b.If the defendant is jailed, the remaining copies shall be delivered to the Detention Center where
they will be processed.c.In cases where it would not be practical to serve the Summons (Defendant's Copy) to the
prisoner, for example, when the prisoner has refused to provide a name, leave the "date
served" blank and send the complete form to the Detention Center. When the identity of the
prisoner has been determined by the Police Identification Section, a Technician from the Police
Identification Section will be sent to the Detention Center to serve the prisoner with the
defendant's copy of the GSS&C. If the Police Identification Section is unable to determine the
identity of the prisoner, court personnel will determine an appropriate name at arraignment and
be responsible for service of the defendant's copy.d.If the defendant is being ordered-in to court, the remaining copies of the GSS&C will be sent to
the Records Section for distribution.104.04 Investigation and Hold Arrests (1)When a prisoner is arrested for investigation or on a "hold" for a certain bureau, an agency or
institution, the officer will use the Police Department copy only. In the lower left-hand corner of this
copy in the space marked "other violations" the words "investigation of" and/or "hold for" will be noted
along with the nature or type of investigation or hold and the agency for which the hold is placed.(2)Officers shall not book a prisoner for "investigation" of any offense without first notifying the appropriate
bureau of the Criminal Investigation Division.a.For those arrests occurring between 1530 hours and 0730 hours, the arresting officer will
contact his immediate supervisor who will approve all paperwork. The officer shall then forward
the paperwork to the appropriate Bureau and book the prisoner for "investigation" of the
applicable offense.b.The arresting officer will write a letter to the appropriate bureau on Inter-Department
Correspondence, DPD 200, outlining the details of the arrest.(3)"Hold Orders" shall not be placed against persons who attempt suicide, or against witnesses or victims
of assaults, nor shall these persons be transported in a scout car.a."Hold Orders" shall not be placed against persons sent to Denver Health Medical Center unless
they are charged with a violation of the law, investigation of an offense, or "Hold for Mental
Health."b.All "Hold Orders" placed by officers on prisoners at the County Jail shall be made in writing and
signed by the officer placing the "Hold."c."Hold Orders" shall be removed or withdrawn in writing and signed by the officer withdrawing
such "Hold."d.The County Jail will notify officers when prisoners with "Holds" become eligible for release.
Upon such notification, the officer or someone acting in their behalf will arrest the prisoner upon
their release at the County Jail.(4)Every person arrested and jailed on an investigation charge must be advised of his rights and made
eligible for bond at the next scheduled court session following the arrest. The arresting officer will
complete either a Felony Processing, DPD 275, or a Misdemeanor Processing, DPD 314. Officers will
not place any dollar amounts for bonds on Felony or Misdemeanor Processing forms. The appropriate
processing form will accompany the prisoner to the Detention Facility.(5)Each investigator of the Department will be responsible for the charges against prisoners in the
Detention Facility which are their responsibility to investigate. It shall be the duty of the investigating
officers to make sure such cases are processed with no unnecessary delay. Arresting officers may
check with both the Investigative Division and the Detention Facility for information on the status of the
case. 104 - 10 DENVER POLICE DEPARTMENT OPERATIONS MANUAL REV. 3-06 DENVER POLICE DEPARTMENT OPERATIONS MANUAL 104 - 11 104.05 Changing Charges (1)Only the arresting officers or detectives assigned to a case may change charges. Identification Section
personnel will add a charge when there is an active pickup in their files. Identification personnel will not
change the original charge.(2)Officers will use a Change of Charge, DPD 43, when dropping, adding or changing charges against
prisoners under their investigation.a.The investigating officer will indicate on DPD 43 either the charges filed or release the
"investigation" charge and the prisoner from custody. The reason(s) for dropping charges shall
be included on this form.b.Before sending DPD 43 to the City Jail, the investigating officer shall make a duplicate copy of
the form and forward it to the Identification Section.c.The investigating officer, who completes the "Change of Charge," DPD 43, and sends it via fax
to PADF (City Jail), will include a verification call back telephone number on the front of the
form. Sheriff's Department personnel receiving the faxed DPD 43 will call the investigating
officer back within fifteen (15) minutes to verify the authenticity of the DPD 43. This verification
is necessary to avoid the possibility of a party being released from custody in error.(3)The warden in charge of the Detention Facility or an authorized representative shall be responsible for
the prompt release of a prisoner after all police holds have been cleared. In addition, they shall be
responsible for clearing charge(s) from their prisoners' records. They will hold the prisoner if additional
charges are pending or release them if there are none.(4)Whenever a Change of Charge form is submitted and charges are changed, the following information
must appear on DPD 43:a.In addition to Hold for Capias, Warrant, County Court Warrant, General Session Summons and
Complaint, etc., the specific charge and the designation of felony or misdemeanor shall be
recorded.b.Warrant and/or docket number if known.c.The name of the Court issuing the Capias, Warrants, etc., such as County Court, District Court,
Superior Court, or Juvenile Court.d.It is not necessary to specify the statute section number.(5)Adding Charges: If additional, unrelated charges are placed against a prisoner already in custody, the
investigating officer shall complete Statement of Probable Cause, cont., DPD 287A, outlining the
probable cause for the additional charge. This form and Change of Charge, DPD 43, must be included
with the paperwork delivered to the Detention Center. 104.06 Withdrawing Charges (1)A member of the Department shall not withdraw the charges against a prisoner without good and
sufficient reason, and then only with the knowledge and consent of the commander of the division
responsible for the prisoner's arrest, EXCEPT that the Division Chief of Investigation shall make such
disposition of investigation cases as shall be deemed proper, unless some other division is definitely
charged with the investigation of the matter for which the prisoner has been arrested.(2)Officers shall not become involved in making any promises or arrangements between a suspect and
the victim intended to permit the offender to escape the full penalty provided by the law, or interfere
with the courts, or for personal gain or benefit, use their official positions to make any arrangements for
any suspect to escape prosecution.104.07 City Ordinance Violations Committed Out of the Officer's Presence or by a Suspect No
Longer at the Scene (1)The decision to charge or not charge a defendant with a violation of City Ordinance shall be made by
the officer at the scene after available evidence has been gathered and evaluated. See OMS 104.50
regarding Domestic Violence Incidents.REV. 10-07 (2)When an officer has probable cause to believe a City Ordinance violation has occurred and the suspect
is gone, or when an officer sees an ordinance violation but is unable to capture the suspect, the officer
shall make every reasonable effort to determine a suspect’s correct identity and/or obtain positive
identification before requesting the issuance of an arrest warrant. Information from such sources as
witnesses, crime computers, and Identification Section files should be used. Merely locating a name in
a computer database that is the same or similar to a suspect’s name does not, by itself, provide
probable cause to believe that the person in the database is the same person as the suspect. Other
corroborating information must also be present to establish probable cause. If a positive identification
cannot be made based on the reliable information available, a General Occurrence (GO) report,
DPD 250, should be completed, in lieu of requesting an arrest warrant, to allow detectives to determine
the suspect’s correct identity. See OMS 104.50(4) for the definition of probable cause.a.If the suspect's identify can be determined the officer will complete a GSS&C/Warrant,
DPD 236, if the suspect is an adult, or a JS&C/Warrant, DPD 386, for a juvenile suspect, swear
to and affirm its contents in the presence of a notary.b.The GSS&C/Warrant, or the JS&C/Warrant, and all related paperwork (Wanted/Missing
Person, Affidavit continuation, Domestic Violence Case Summary, Statements, etc.) will be
placed in the Routing Envelope, DPD 236A, and forwarded to the Identification Section.c.If an adult suspect is located before the warrant has been forwarded to the Identification
Section, the suspect may be ordered in or jailed with the original GSS&C/Warrant form. The
initiating officer must note on the GSS&C portion of the form (next to the service information)
that the suspect has been 'jailed' or 'ordered in'. The officer must also add the court date and
service information and serve the defendant.1.If the suspect is to be jailed, the Denver Sheriff Department procedures require that
affidavit portion of the form be notarized before they will take custody.2.If the suspect is to be ordered in, the GSS&C Warrant Form and related documents
should be placed in a plain white envelope, marked GSS&C-ORDER IN and forwarded
to the Records Section. In this case, DO NOT USE THE ROUTING ENVELOPE.d.If a juvenile suspect, or a relative over the age of eighteen, is located before the paperwork is
processed, the officer should mark the box "Summons & Complaint", obtain a court date and
time from the clearance channel and serve the paperwork. The method of service must be
indicated. See OMS 402.07(5)c.e.The Identification Section is responsible for the transportation of GSS&C/Warrants and
JS&C/Warrants to and from the Courts. County Court judges shall review and issue these
warrants.f.Information on issued warrants will be entered on the CCIC crime computer system.g.The Identification Section will store the signed warrants and related documents.h.Apprehension of suspect and service of warrant:1.When an adult suspect is apprehended, and after verification of the warranta.Those wanted on order-ins must be brought to the Identification Section to be
servedb.Those who are to be jailed may be transported to the Identification Section for
processing or to the closest police facility for FAX warrant verification. See
OMS 104.09(3)c.2.When a juvenile suspect is apprehended, he must be brought to ID for servicei.If officers contact a suspect believed to be wanted on a recently requested warrant, but the
warrant has not yet been entered on the computer, the NCIC operator should be contacted to
verify the existence of the warrant. Depending upon the information received from NCIC, there
are three possible courses of action to be followed:1.If officers are advised that a judge has signed the warrant and it is awaiting computer
entry, the suspect shall be arrested, transported to the Identification Section, and
processed using the documents forwarded by the initiating officer.104 - 12 DENVER POLICE DEPARTMENT OPERATIONS MANUAL REV. 3-06 2.No arrest shall be made pursuant to either a GSS&C/Warrant or a JS&C/Warrant
which has been forwarded by the initiating officer but which has not yet been signed by
a judge. EXCEPT, an officer may, under narrowly defined circumstances, make an
arrest on an unsigned warrant if:The named suspect presents an IMMEDIATE DANGER to some person if not arrested
AND, The arresting officer can confirm that the completed GSS&C/Warrant or
JS&C/Warrant form is being held by Police Department Personnel (Identification
Section, District Station, etc.). The paperwork must be retrieved by the arresting officer.
NOTE: This exception to standard procedure should be used with advised caution and
only in cases involving domestic violence or other situations where violence could
result.3.Officers shall not make arrests on GSS&C/Warrants or JS&C/Warrants during that
short time period in which the warrants are in the court's possession, awaiting
signature by a judge. If the suspect commits a second offense, he is, of course,
subject to arrest on those charges.j.If not executed, all GSS&C/Warrants and JS&C/Warrants will be purged after one year. The
DPD 110 will then be returned to the initiating officer.(3)If evidence is unavailable to show that a City Ordinance violation has occurred, the officer shall tactfully
but firmly explain to the citizen the limits of police involvement allowed by the law.a.If a citizen requesting police action does not accept the officer's decision, the officer will
summon a sergeant to the scene to evaluate the situation.b.The officer will note on the Daily Activity Log, DPD 120, the name of the sergeant responding to
the scene, relevant data about the call and the supervisor's decision.c.A citizen who continues to demand police action after the sergeant has deemed none to be in
order shall be directed to the District Station to discuss the matter with the shift commander.d.In no instance is the citizen to be referred to the City Attorney's Office, the County Court, or to
the Information Desk at Headquarters.104.08 Warrantless Arrests (1)Any time a person is arrested and jailed without a warrant, or placed in the Gilliam Youth Services
Center, a statement of probable cause for the arrest must be submitted to the court.(2)When jailing an adult, complete the "Statement of Probable Cause" which constitutes the bottom half of
the General Session Summons and Complaint prior to delivering the prisoner to the Detention Center.
If additional space is needed, use Statement of Probable Cause, cont., DPD 287A.(3)Juvenile Arrests - Complete the Statement of Probable Cause found on the reverse side of the Juvenile
Case Summary. Two (2) copies of the Juvenile Case Summary must accompany the juvenile to the
Gilliam Youth Services Center. If additional space is needed, use Statement of Probable Cause, cont.,
DPD 287A.(4)Change of Charge - If additional, unrelated charges are placed against a prisoner already in custody, a
Statement of Probable Cause, cont., DPD 287A, must be completed, outlining the probable cause for
the additional charge. This form must be included with the paperwork delivered to the Detention
Center.(5)Traffic Arrests - Any person arrested on a traffic charge without a warrant will be transported to the
Traffic Investigation Section for processing.104.09 Central Want and Warrant Files (Persons and Property) (1)A central want and warrant file will be maintained in the Identification Section. Information from this file
can be obtained only by persons known to be criminal justice personnel.(2)The central Wanted Persons and Warrant File functions in this manner:DENVER POLICE DEPARTMENT OPERATIONS MANUAL 104 - 13 REV. 3-06 a.A copy of the pickup and a photograph of the wanted person are sent to the Bulletin Editor.
Cancellations will be noted on DPD 110.b.File checks can be made by name only on pickups without DPD numbers.c.All wanted notices from the Denver Police Department and Denver Courts will be filed in the
Wanted File. All such notices will include the signature of the person responsible for the notice
and not just the name of the requesting agency.d.No Denver Police Department charges will be placed against a prisoner being held in the
Detention Facility for any federal law enforcement agency or on a writ of habeas corpus, even
though a valid warrant is on file. Instead, the detective or agency initiating the warrant will be
notified that the person is being held for a federal law enforcement agency or on a Writ of
Habeas Corpus. Identification Section personnel will not initiate a cancellation but will retain
the warrant on file until it is canceled by the originating detective or agency.(3)Processing Persons Wanted on Warrantsa.No person shall be jailed on any warrant until the warrant is verified by Identification Section
personnel.b.If the subject has good photo identification, or is known to the officer, the prisoner will be
transported to the District Station or Headquarters, whichever is closer.1.If the subject does not have good photo identification, or is not known to the officer, he
will be transported directly to the Identification Section for warrant verification.2.If the person is wanted on a General Session Summons & Complaint/Warrant (a GW
case number), and is to be ordered in rather than jailed, he must be transported to the
Identification Section to be served.3.If the person is wanted on a JS&C/Warrant, he must be transported to the Identification
Section to be served.4.If a person is wanted by this department on a probable cause warrant supported by a
Criminal Summons & Complaint, the officer must transport the prisoner to the
Identification Section to be served and then jailed.c.Processing at a District Station via FAX1.The arresting officer will FAX a completed FAX Warrant Verification form, DPD 465, to
the Identification Section.2.When Identification Section personnel have verified the warrant, they will FAX a copy
of the computer printout and verification stamp to the officer at the District Station.
Unless a plain paper FAX is used, the officer will make a photocopy of the FAX printout
to be attached to the Warrant Arrest Report, DPD 288.3.The prisoner may be transported to the Detention Center by Scout Car.4.When DPD 465 is received by the Identification Section, the warrant will be canceled
from CCIC or a "locate" sent to the originating agency. The paperwork (warrant, P.A.,
teletype, etc.) will be forwarded to the PADF when the subject arrives at the jail.5.If a person is wanted on a GSS&C/Warrant, DPD 236, Identification Section personnel
will FAX copies of the front and back of the defendant's copy to the officer, who will
serve the prisoner.6.Any individual in custody wanted on four or more warrants must be transported to the
Identification Section for processing.d.Identification Section Processing1.The arresting officer will be given a copy of the computer printout showing the bond
amount and the signature of the verifying Identification Section officer.2.This paperwork and the Warrant Arrest Report, DPD 288, must be given to the
Detention Facility elevator operator when the prisoner is placed in his custody.104 - 14 DENVER POLICE DEPARTMENT OPERATIONS MANUAL REV. 3-06 DENVER POLICE DEPARTMENT OPERATIONS MANUAL 104 - 15 e.If warrant and bond verification cannot be determined within the time limits prescribed by
NCIC/CCIC rules, and the warrant is the only reason for jailing the party, the party may be
released at the officer's discretion. However, if there are additional charges, the party may be
jailed on those charges.(4)Officers having probable cause to stop and question persons about property in their possession are
encouraged to ascertain whether the property has been reported stolen.a.If a computer inquiry indicates the property has been reported stolen, the item(s) are to be
confiscated and placed in the Property Management Bureau as evidence.b.PRIOR TO JAILING ANY SUSPECT, OFFICERS WILL BRING THE PERSON TO THE
DETECTIVE BUREAU.1.During the hours 8:00 a.m. to 4:00 p.m., Monday through Saturday, detectives
assigned to the Pawnshop/Bicycle Recovery Unit are available to assist the arresting
officers.2.At other times, the detective or sergeant assigned to the Detective Bureau Information
Desk is available for such assistance.c.Officers should consider all available information such as the nature of the offense in the
original report, how long ago the report was made, the statements and demeanor of the
suspect, the circumstances of the arrest, the type of item and even its value. Possession of a
reportedly stolen item should not be the only criterion upon which the decision to jail is based.1.The date the item was reported stolen is important. If the item is wanted in connection
with a case REPORTED TO THE DENVER POLICE DEPARTMENT less than ten
days prior to the apprehension of the suspect, a stronger case for jailing the person is
made. In those instances where the item was reported to the DPD more than ten (10)
days before the arrest, order the suspect in to see the assigned detective the next day.2.In those instances where an item has been reported wanted by any law enforcement
agency other than the Denver Police Department, order the suspect in to the
Pawnshop/Bicycle Recovery Unit detectives.d.When officers have decided to jail the suspect, the charge will be consistent with that listed on
the original report, such as "Investigation Burglary, Case # 123456789". There is no statute to
substantiate the charge of "Investigation Illegal Possession of Stolen Property."e.All paper work related to the arrest and/or order-in such as letters, computer printouts, or copies
of the General Session Summons and Complaint should be forwarded without delay to either
the detective assigned to the Denver case or to the Pawnshop/Bicycle Recovery Unit.(5)Open Items Arrestsa.When notified by the dispatcher that a person is wanted on the Denver County Court Open
Items List, the officer will be advised if the fine is payable or jailable.b.Open Items Jailable Warrants1.If the subject has good photo identification, or is known to the officer, the officer will
transport the prisoner to the District Station or Headquarters, whichever is closer. The
prisoner can be processed by FAX verification from the District Station. See
OMS 104.09(3)b.2.If the subject does not have good photo identification, he will be transported directly to
the Identification Section for warrant verification.c.If the fine is payable, the dispatcher will give the arresting officer the amount of the fine.1.Citizens wanted on the Open Items List may pay their fines at Room 109, City and
County Building, 24 hours a day, 7 days a week. Fines may be paid in cash or by
check.2.If the prisoner wishes to pay the fine and has cash or check, the arresting officer will
transport him to the City and County Building and remain with him until the fine is paid.
The prisoner will be released from custody immediately after the fine has been paid.REV. 1-09 3.Prisoners eligible to pay a fine, but who do not have sufficient funds to do so at the
time of arrest, will be processed as outlined in OMS 104.09(5)b.d.When a person's name appears on the Open Items List, but it is impossible to verify the
warrant, the dispatcher will notify the officer(s) who will complete the County Court section of
Request to Appear, DPD 75.1.The order-in shall be made for the second business day following the contact.2.After the form is signed, the original will be sent via inter-departmental mail to the
County Court Marshal's Office. The first copy will be given to the person who is to
appear. Copy two (2) should be destroyed.(6)Changing Charges: When changing charges and a subject is wanted on a warrant, the warrant
number, the court issuing the warrant, amount of bond, the specific charge, and designation of
misdemeanor or felony shall be shown on DPD 43.(7)If an investigator is notified by another jurisdiction that the subject of his warrant has been arrested, he
shall notify the Fugitive Unit immediately. Fugitive Unit personnel will place holds and arrange to have
the subject returned to our jurisdiction.104.10 Arrest Warrants (1)Obtaining an arrest warranta.An AT LARGE warrant is issued by the District Attorney's Office after a criminal case has been
filed with the court. The investigating officer will sign the affidavit at the District Attorney's
Office. An At Large warrant is valid nationwide.b.A PROBABLE CAUSE warrant is an investigative warrant. No charges have been filed. The
warrant is obtained by the investigating officer who completes an Affidavit and Application for
Arrest Warrant, DPD 69, and swears to the information in front of a judge. A Probable Cause
Warrant is used for County misdemeanors and state felonies and is valid only in Colorado.c.The GENERAL SESSION SUMMONS & COMPLAINT/WARRANT, DPD 236, is used for
violations of the Denver Revised Municipal Code (D.R.M.C) of the City & County of Denver
when the suspect is known and is no longer at the scene of the offense. See OMS 104.07.d.The JUVENILE SUMMONS & COMPLAINT/WARRANT, DPD 386, is used for those violations
of the Denver Revised Municipal Code (D.R.M.C) of the City and County of Denver which meet
the District Attorney's filing guidelines, when the juvenile suspect is known and is no longer at
the scene of the offense. See OMS 104.07 and 402.07.(2)Warrants Issued by Other City Agenciesa.Warrants issued for failure to appear on General Session charges will be placed by a County
Court clerk.b.Bench warrants for failure to appear on County Court State Misdemeanor charges will be
handled by the County Court.c.Alias Capias will be handled by the Sheriff's Department.(3)After obtaining an At Large or Probable Cause arrest warrant, the investigator will:a.Forward the following paperwork to the Identification Section for computer entry.1.A completed Wanted/Missing Person, DPD 110/252. Before sending this form to the
Identification Section, the initiating officer will run a computer check on the named
subject, obtaining the last known address and DPD number.2.One (1) copy of the warrant3.The appropriate felony or misdemeanor processing formb.Staple one (1) copy of the warrant to General Occurrence (GO) report, DPD 250, and
Supplementary Report.(4)General Provisions for Fugitive Warrant Procedures104 - 16 DENVER POLICE DEPARTMENT OPERATIONS MANUAL REV. 1-09 a.The Fugitive Unit will collect data/tracking information on all Felony warrants obtained by
department personnel assigned to the Crimes Against Persons Unit and Pattern Crimes Unit. b.For misdemeanor warrants, the assigned detective/officer shall immediately initiate efforts to
apprehend the suspect prior to the end of the detective’s/officer’s shift. If arrest attempts are
unsuccessful, the detective/officer shall document any attempts made on a Fugitive
Apprehension Tracking Sheet, DPD 717. The Detective shall submit the tracking sheet along
with a copy of the warrant and work-up packet information (OSI/NCIC/CCIC/Webmug Photo) to
the front desk personnel in the Criminal Investigation Division Office located on the third floor at
Department Headquarters. The front desk personnel will then assure that the warrant
information is current in the Fugitive Data Base and mail the warrant packets including the
Fugitive Apprehension Tracking Sheet, DPD 717, to the appropriate District SCAT team for
further arrest attempts. The Fugitive Apprehension Tracking Sheet, DPD 717, shall include a
date on which it shall be returned to the Criminal Investigation Division Office. This protocol
shall be used for all misdemeanor warrants EXCEPT Domestic Violence Misdemeanor
warrants where the detective/officer feels that an immediate response is necessary. In this
situation, the detective/officer will adhere to the policy set forth pertaining to felony warrants in
section (c) of this document. c.All Felony warrants (including “John Doe” warrants) will be immediately reported and hand
carried by the assigned Detective to the Fugitive Unit on the same day that the warrant is
obtained. The warrant will be submitted along with work-up packet information
(OSI/NCIC/CCIC/Webmug). Said submission shall be made before any attempt is made to
apprehend the wanted felon. When a fugitive is identified during non-duty hours such as
nights, weekends, and holidays, and it is in the best interest for the safety of the community to
have the fugitive immediately located and arrested, the assigned detective will contact the
supervisor of the Fugitive Unit and request an immediate pick up. 104.11 Searches and Seizures (1)Amendment IV of the Bill of Rights in the Constitution of the United States is as follows:
Searches and Seizures: The right of the people to be secure in their persons, houses, papers and
effects against unreasonable searches and seizures shall not be violated; and no warrant shall be
issued, but upon probable cause, supported by oath or affirmation, and particularly describing the place
to be searched and the persons or things to be seized.(2)In any search and seizure pursuant to a search warrant, the Constitution prescribes the following
requirements: (a) the premises to be searched (b) particularly described, and (c) the affiant swear or
affirm that they have probable cause to believe the specific property is on the premises and give the
reasons for this belief. For definitional purposes, a search warrant is an order in writing; in the name of
the state, signed by an authorized judicial officer, directing a peace officer to search for, and seize, the
property listed on the premises named. Refer to OMS 104.54 for the policy and procedures for obtaining immediate entry warrants.(3)Search warrants - issuance - groundsa.A search warrant authorized by this section may be issued by any judge of a court of record.b.A search warrant may be issued under this section to search for and seize any property:1.Which is stolen or embezzled; or2.Which is designed or intended for use as a means of committing a criminal offense;3.Which is or has been used as a means of committing a criminal offense in this state or
in another state; or4.The possession of which is illegal; or5.Which would be material evidence in a subsequent criminal prosecution in this state or
in another state; or6.The seizure of which is expressly required, authorized, or permitted by any statute of
this state; orDENVER POLICE DEPARTMENT OPERATIONS MANUAL 104 - 17 REV. 3-06 7.Which is kept, stored, maintained, transported, sold, dispensed, or possessed in
violation of a statute of this state, under the circumstances involving a serious threat to
public safety or order, or to public health. C.R.S. §16-2-201(4)Search warrants - applicationa.A search warrant shall be issued only on affidavit sworn to or affirmed before the judge and
relating facts sufficient to:1.Identify or describe, as nearly as may be, the premises, person, place, or thing to be
searched;2.Identify or describe, as nearly as may be, the property to be searched for, seized, or
inspected;3.Establish the grounds for issuance of the warrant, or probable cause to believe that
such grounds exist; and4.Establish probable cause to believe that the property to be searched for, seized, or
inspected is located at, in, or upon the premises, person, place, or thing to be
searched.b.The affidavit required by this section may include sworn testimony reduced to writing and
signed under oath by the witness giving the testimony before issuance of the warrant. A copy
of the affidavit and a copy of the transcript of testimony taken in support of the request for a
search warrant shall be attached to the search warrant filed with the court.c.Procedures governing application for and issuance of search warrants consistent with this
section may be established by rule of the Supreme Court. C.R.S. §16-3-303(5)Search warrants - contentsa.If the judge is satisfied that grounds for the application exist, or that there is probable cause to
believe that such grounds exist, they shall issue a search warrant, which shall:1.Identify or describe, as nearly as may be, the premises, person, place, or thing to be
searched.2.Identify or describe, as nearly as may be, the property to be searched for, seized, or
inspected;3.State the grounds or probable cause for its issuance; and4.State the names of the persons whose affidavits or testimony have been taken in
support thereof.b.The search warrant may also contain such other and further orders as the judge deems
necessary to comply with the provisions of a statute, charter, or ordinance, or to provide for the
custody or delivery to the proper officer of any property seized under the warrant, or otherwise
to accomplish the purposes of the warrant.c.Unless the court otherwise directs, every search warrant authorizes the officer executing the
same:1.To execute and serve the warrant at any time; and2.To use and employ such force as is reasonably necessary in the performance of the
duties commanded by the warrant. C.R.S. §16-3-304(6)Search warrants - direction - execution and returna.Except as otherwise provided in this section, a search warrant shall be directed to any officer
authorized by law to execute it in the county wherein the property is located.b.A search warrant issued by a judge of a municipal court shall be directed to any officer
authorized by law to execute it in the municipality wherein the property is located.104 - 18 DENVER POLICE DEPARTMENT OPERATIONS MANUAL REV. 3-06 DENVER POLICE DEPARTMENT OPERATIONS MANUAL 104 - 19 c.Any judge issuing a search warrant, on the grounds stated in C.R.S. §16-3-301, for the search
of a person or for the search of any motor vehicle, aircraft, or other object which is mobile or
capable of being transported may make an order authorizing a peace officer to be named in the
warrant to execute the same, and the person named in such order may execute the warrant
anywhere in the state. All sheriffs, coroners, police officers, and officers of the Colorado State
Patrol, when required, in their respective counties, shall aid and assist in the execution of such
warrant. The order authorized by this subsection (c) may also authorize execution of the
warrant by any officer authorized by law to execute it in the county wherein the property is
located.d.When any officer, having a warrant for the search of a person or for the search of any motor
vehicle, aircraft, or other object which is mobile or capable of being transported is in pursuit
thereof and the person, motor vehicle, aircraft, or other object crosses or enters into another
county, such officer is authorized to execute the warrant in the other county.e.It is the duty of all peace officers into whose hands any search warrant comes to execute the
same, in their respective counties or municipalities, and make due return thereof. Procedures
consistent with this section for the execution and return of search warrants may be provided by
rule of the Supreme Court.f.A search warrant shall be executed within ten days after its date. C.R.S. §16-3-305 unless it is
an immediate entry search warrant, then the provisions of theNarcotics Investigations andImmediate Entry Search Warrant Procedures (OMS 104.54) shall apply.g.The senior Denver Police officer present when a search warrant is executed on any city
property, or at property involving any city official or city employee, shall immediately notify his
supervisor, who shall forthwith notify the Commander of the involved Bureau.(7) ProbableCausea.The investigator must present facts and information of the specific case sufficient to satisfy the
issuing judge that grounds for the application for the warrant exist.b.Probable cause to support the issuance of a search warrant must exist at the time the warrant
is sought.c.The affiant must state the reasons for the belief that contraband is in a particular building,
avoiding conclusions, and the judge must find that there is probable cause for this belief.d.Probable cause exists, if the facts and circumstances known to the warrant a prudent person in
believing that the offense has been committed.e.When application is made for a search warrant, all investigators shall be required to keep
detailed notes showing grounds for issuance and probable cause.f.The officer may rely upon information received through an informant, rather than upon direct
observations, to show probable cause.1.The informant's statement or information must be reasonable, corroborated by other
matters within the officer's knowledge.2.When information is received from a reliable informer, the affidavit should state that the
informant is a person whose information in the past has proven to be reliable. Also,
state the area in which they have given the information and the number of times they
have done so. The former reliability of the informant is reasonable corroboration on the
part of the officer.3.If the informant is a new informant and not one with whom the officer has dealt with in
the past, the mere fact that they inform is not sufficient probable cause. The
information must be corroborated by some independent investigation or knowledge on
the part of the officer.4.When a new informant supplies information, the officer must corroborate this
information and state these facts in the affidavit.(8)Affidavit for Search Warrant – DPD 370REV. 4-09 a.The District Attorney's Office must review and approve, in person or by telephone, all affidavits for
search warrants before presentation to a judge. If an emergency arises which precludes District
Attorney review, the Affiant must obtain the approval of a sergeant.b.The Affidavit for Search Warrant is a single copy form. If the space provided on DPD 370 is
insufficient to document the grounds for issuance of a warrant, DPD 370C-1, Affidavit,
Continued, may be used.c.After preparing the original copy, the Affiant will make a photocopy of the form. The Affiant will
present both the original and the photocopy to the judge for signature.d.Prepare additional photocopies of the affidavit as needed. The Affiant shall ensure the primary
investigator assigned the original investigation of the offense receives a copy of the Search
Warrant Affidavit, DPD 370, the Search Warrant, DPD 371, and the Return and Inventory,
DPD 373, at the conclusion of the search warrant execution.e.Occasionally, information related to a particular investigation is vital in nature. In such critical and
sensitive cases, the officer can request to seal the search warrant and affidavit. When requesting
a Sealed Search Warrant and Affidavit, the officer will include a paragraph detailing the need for
sealing the warrant and affidavit in the body of the affidavit. The District Attorney and Judge must
concur with the reasons for sealing the warrant.(9)Search Warrant – DPD 371a.The Search Warrant is a single copy form. After preparing the original copy, the Affiant will make a
photocopy of the Search Warrant. The Affiant will present both the original and the photocopy to
the judge for signature. The Affiant will provide the judge with a regular size envelope.b.The judge, after signing the Affidavit and Search Warrant, shall place one copy of the Affidavit,
DPD 370, and the Search Warrant, DPD 371, in the envelope provided by the Affiant. The
judge shall seal the envelope and place his/her initials or signature across the sealed flap. The
judge will then give the envelope and the other signed copies of the Affidavit and Search
Warrant to the Affiant for execution. When obtaining a sealed warrant and affidavit, the Affiant
will provide the judge with an envelope for a Sealed Search Warrant and Affidavit, DPD 692.
The judge and the Affiant will sign and complete the face of the envelope. The Affiant will place
the sealed warrant and affidavit into the envelope. The judge shall seal the envelope and place
his/her initials or signature across the sealed flap. The Affiant will keep the envelope for return
to the Court with the completed Return and Inventory, DPD 373, as outlined in (10)c1 below.c.With the exception of the procedure for sealed warrants outlined in (9)b, the Affiant shall
forward the sealed envelope containing the original of the Affidavit and Warrant to the County
Court Administrator, City and County Building.d.The Affiant shall make additional photocopies of the search warrant as needed. Leave one
photocopy of the search warrant with the person, premises, vehicle, or business searched.
Never leave a copy of the affidavit.e.The Affiant shall make prompt return on all search warrants, whether or not there was a seizure
of property. If property seizure occurs, the Affiant/executing officer will make a written inventory
of the property. When there is no property seizure, the Affiant/executing officer will make a
notation to that effect on the Return and Inventory.f.Rule 41 of the Colorado Rules of Criminal Procedure provides that the execution and return of
all search warrants must occur within ten (10) days of its issuance.(10)Return and Inventory – DPD 373a.The Return and Inventory form is a two-part form.1.The Affiant will send the original to the Court Administrator's Office, City and County
Building, after making additional photocopies for the Property Management Bureau and
for any case filings.2.The Affiant/executing officer will provide the second copy to the person from whom, or
from whose premises or vehicle the property seizure occurred, along with a copy of the
search warrant.b.The Affiant/executing officer will accurately describe the property seized on the Return and
Inventory form, DPD 373.104 - 20 DENVER POLICE DEPARTMENT OPERATIONS MANUAL REV. 4-09 c.After the execution of the search warrant, the Affiant will send the original of the Return and
Inventory, together with copies of the Affidavit and the Search Warrant, in a sealed envelope
and send them to the County Court Administrator, City and County Building.1.After the execution of a sealed search warrant, the Affiant will place the original of the
Return and Inventory, together with copies of the Affidavit and the Search Warrant, in a
second Sealed Search Warrant and Affidavit, DPD 692. The Affiant will present the
second envelope to the judge issuing the original search warrant. The judge and the
Affiant will sign and complete the face of the envelope. The Affiant will place the
sealed warrant, affidavit, and return and inventory into the envelope. The judge shall
seal the envelope and place his/her initials or signature across the sealed flap. The
Affiant will place both sealed envelopes, DPD 692, together and send them to the
County Court Administrator, City and County Building.d.When placing seized items in the Property Management Bureau, the Affiant/executing officer
will complete only the top part of the Property Invoice and Receipt, DPD 122, and attach a
photocopy of the Return and Inventory.(11)Search Warrant Log Booka.ALL search warrants executed by Denver Police Officers will be recorded in the Search
Warrant Log Book, maintained at the Reception Desk in the Vice/Narcotics Bureau, within
twenty-four (24) hours of warrant execution.b.The affiant listed on the warrant will forward the below information to the Vice/Narcotics Bureau
in person, by telephone, or by FAX.1.Date2.Time3.Location4.Affiant5.Recoveries6.Deputy D.A. who approved the warrant7.Police district in which the warrant was executed(12)Waiver to Search – DPD 372a.A consent to search, whether it is made orally or in writing is validb.In oral or written consents to search, the credibility of the parties to the consent may become an
issue in court during the trial, or on any motion for suppression of evidence. All officers should
make a particular effort to have more than one witness, either another officer or citizen, present
at the time of the oral or written consent to search, the signing of the waiver, or at the time of
the actual search.c.Whenever possible, officers shall make and conduct searches with a waiver to search, if a
search warrant would be difficult to obtain.d.If possible, the Return and Inventory form shall be made whenever a search on a waiver is
made.(13)Summary of Searches and Seizuresa.Always secure a search warrant unless there is an emergency which calls for immediate action.b.If you do not have time to secure a search warrant, and feel that it is necessary to search a
person or a place immediately, note the following carefully:c.To Search a Person - If you have a warrant of arrest or grounds to make an arrest without
warrant, you may:1.Search the person at the time of the arrest2.Seize articles which they attempt to conceal3.Seize articles which they have on their person.DENVER POLICE DEPARTMENT OPERATIONS MANUAL 104 - 21 REV. 3-06 d.If you have a warrant of arrest or grounds to make arrest without warrant, you must not:1.Search the person before arresting them2.Search first and then arrest the suspect because of what the search revealse.If you have no warrant of arrest but have probable cause to suspect a person, you may:1.Search the person if there is probable cause to believe that a felony is being or has
been committed, and if you have knowledge of such probable cause.2.Search the person if they give their written consent to be searched.f.If you do not have a warrant of arrest and no probable cause to arrest with a warrant, you must
not search the person at a time other than when the probable cause exists, or when the
investigation is held.g.To Search Premises. If you have a warrant of arrest or grounds to make an arrest without a
warrant, you may:1.Make a reasonable search of the premises where the person is arrested, provided the
search is made at the time of the arrest and provided the search is confined to the
immediate vicinity under their control, which means within their reach, lunge or grasp.2.Seize any object which the suspect attempts to conceal.3.Seize other suspicious articles uncovered in your search, even though they do not
relate to the offense for which the suspect is being arrested.4.Make a search if the suspect consents to it.h.If you have a warrant of arrest or grounds to make an arrest without a warrant, you must not:1.Rummage about on the premises, looking for whatever may be turned up, regardless
of its connection with the offense for which the arrest is made.2.Attempt to search premises belonging to the suspect, or to which they have a right of
possession or control other than the immediate vicinity where they are arrested.i.If you do not have a warrant for arrest or grounds to make an arrest, and if an arrest is not
made, you may search the premises if you have personal knowledge of facts indicating there is
probable cause to believe that a felony has been or is being committed on the premises.j.If you do not have a warrant for arrest and do not have grounds to make an arrest, and if an
arrest is not made, you must not:1.Make such a search if you have an opportunity to secure a search warrant before
making the search, even though probable cause exists.2.Make such a search if you have only a suspicion that the felonious activity is present.k.If you have secured a search warrant, you should be sure that:1.The search is made only at the times provided for in the warrant.2.Only the premises described in the warrant are searched.3.The search is conducted in strict compliance with the warrant.4.Only the articles described in the warrant are seized, unless contraband items are
discovered and that an inventory of the articles seized is prepared at the location of the
search and signed by the officers executing the warrant and witnessed, and a copy left
with the owner or left at the place of the search.104.12 Warrantless Searches of Automobiles (1)When an officer makes a full custody arrest, or the person is taken into custody for investigation, and
there is a valid basis for impounding the car, the officer shall follow the procedure for impounding
vehicles in this OMS 206.04(4). Any fruits of a crime or contraband found in this inventory search is
admissible as evidence. The vehicle may be towed to police headquarters, or a district station to be
inventoried, and must be inventoried as soon as possible.104 - 22 DENVER POLICE DEPARTMENT OPERATIONS MANUAL REV. 3-06 DENVER POLICE DEPARTMENT OPERATIONS MANUAL 104 - 23 (2)Whenever possible, an officer shall open a locked trunk or glove compartment by means of a key rather
than by force. If keys are not available, instructions shall be obtained from a supervisor as to the
method to be used in opening the locked trunk or glove compartment.(3)Routine traffic or other offensesa.The officer may make a warrantless search of those areas in or about the vehicle into which the
arrestee might readily reach for any weapon or other seizable item, if the officer reasonably
suspects that a weapon or other seizable items, is present therein. If seizable items are found
during a limited search - or frisk - of the vehicle, the officer may make a more extensive search
of the vehicle.b.An arrest of a party for driving without a license is not a valid basis for impounding a car.(4)If the officer cannot search the vehicle immediately after the arrest, and feels that there is evidence in
the vehicle, or has information that a vehicle contains evidence, they should obtain a warrant.(5)If the driver, when asked, willingly opens the trunk, or allows the car to be searched, any evidence
found is lawful.104.13 Plain View Doctrine (1)In order to seize property as evidence in plain view you must fulfill the following three conditions.a.You must be lawfully on the premises, or have the vehicle lawfully stopped.b.The search must be "reasonable" in the absence of exigent circumstances.c.The discovery of the evidence in plain view must be inadvertent.104.14 Assisting Peace Officer (1)A peace officer making an arrest may command the assistance of any person who is in the vicinity.(2)A person commanded to assist a peace officer has the same authority to arrest as the officer who
commands this assistance.(3)A person commanded to assist a peace officer in making an arrest shall not be civilly or criminally liable
for any reasonable conduct in aid of the officer or for any acts expressly directed by the officer.
C.R.S. §16-3-202.104.15 Right to Communicate with Attorney and Family (1)Persons who are arrested shall have the right to communicate with an attorney of their choice and a
member of their family by making a reasonable number of telephone calls or by communicating in any
other reasonable manner. Such communication shall be permitted at the earliest possible time after
arrival at the police station, sheriff's office, detention center, or other like confinement facility to which
such person is first taken after arrest.(2)If the accused is transferred to a new place of custody, their right to communicate with an attorney and
a member of their family is renewed.(3)The public defender, upon request and with due regard for reasonable law enforcement administrative
procedures, shall be permitted to communicate with any person in custody to determine whether that
person has counsel and, if the person desires that the public defender represent them, to make an
initial determination as to whether the person is indigent. C.R.S. §16-3-402104.16 Duty of Officers to Admit Attorney (1)peace officers or persons having in custody any person committed, imprisoned, or arrested for any
alleged cause shall forthwith admit any attorney-at-law in this state, upon the demand of the prisoner or
of a friend, relative, spouse, or attorney of the prisoner, to see and consult the person so imprisoned,
alone and in private, at the detention center or other place of custody, if such person so imprisoned
expressly consents to see or to consult with the attorney. C.R.S. §16-3-404REV. 10-07 104.17 Treatment While In Custody (1)No unlawful means of any kind shall be used to obtain a statement, admission, or confession from any
person in custody.(2)Persons arrested or in custody shall be treated humanely and provided with adequate food, shelter,
and, if required, medical treatment. C.R.S. §16-3-401104.18 Processing Pickups or Cancellations for Wanted Persons and/or Property (1)Officers shall use Description of Wanted/Missing Person, DPD 110, and NCIC/DCIC Information,
DPD 252, when placing pickups on a person or vehicle.a.No "pickup" may be placed on a person without a warrant, unless that person is reported
missing or runaway.b.Officers completing the forms will route them directly to the Identification Section.c.When the wanted notice has been entered on the computers, the DPD 252 will be returned to
the issuing officer or agency. This form will be retained until the party is arrested, located or the
case disposed of, or the vehicle is located or no longer wanted.(2)To place, cancel, or modify a pickup on other property items, a NCIC/DCIC Stolen/Recovered
Guns/Articles/Securities, DPD 252B, shall be used and sent to the Pawnshop Records Unit.a.The officer placing or canceling the pickup shall circle "stolen" or "recovered" on each pickup.b.After the information on wanted property is entered on the computers, the DPD 252B is
attached to the original General Occurrence (GO) report, DPD 250, in the Records Section.(3)Officers calling in to place a pickup or cancellation on a juvenile or missing person will call the bureau
concerned during its hours of operation.(4)When submitting pickups to the Identification Section on DPD 252/110, or to the Pawnshop Records
Unit on DPD 252B, include any known numbers which are unique to the person, item or vehicle, i.e.,
DPD, FBI, Social Security, driver's license, military serial number, vehicle identification number, or
serial number.(5)When personnel from outside jurisdictions call by telephone and want pickups made of subjects who
are thought to be in our jurisdiction, the demanding state or local county shall be informed that the
telephone call must be immediately confirmed by telegram, LETS message or a letter with a certified
copy of their warrant. A specific individual must be named who is placing the pickup and not merely the
agency. Calls should be made to the Fugitive Unit during business hours and the Detective Bureau at
night and on weekends.(6)Responsibility for Initiating Cancellationsa.The arresting officer is responsible for canceling the pickup on a subject brought to the
Identification Section prior to being jailed or being served an order in. If the party is ordered in,
this should be indicated on DPD 110 when the pickup is canceled.b.When a warrant is canceled by the FAX procedure described in OMS 104.09(3)b, Identification
Section personnel will cancel the DPD 110 and sign the original warrant per the arresting
officer.c.The Missing Persons Unit will be responsible for initiating the cancellation upon the location or
apprehension of the missing person or runaway.d.The initiating officer is responsible for canceling a pickup in cases when the suspect is not
arrested or is no longer wanted, or the vehicle/property is recovered or no longer wanted.e.Cancellations shall be made immediately upon determining that the person, property, or vehicle
is no longer wanted.(7) CancellationofPickupsa.A pickup can be canceled and removed from the computers only after an officer cancels the
DPD 110.104 - 24 DENVER POLICE DEPARTMENT OPERATIONS MANUAL REV. 1-09 b.If a wanted party is located without being arrested, the case is disposed of, or the vehicle is
located or no longer wanted, the issuing officer must respond to the Identification Section and
cancel the DPD 110 in order that the information may be cleared from the computers.c.When a wanted item is placed in the Property Management Bureau or located in a pawnshop,
personnel in the Pawnshop Records Unit will contact the Pawnshop Unit detectives, who will in
turn notify the assigned detective or proper jurisdiction. The detective initiating the pickup on
property items is responsible for canceling it when the items are recovered or no longer wanted.d.Upon identifying a person arrested as being the subject of a wanted notice, the arresting officer
will cancel the pickup and the Identification Section personnel will make notification to the
issuing officer.e.The person completing the cancellation will write his/her name, serial number and agency
requesting the cancellation on the line designated "Canceled By".(8)The Identification Section will maintain a purge of the Central Want and Warrant File. Old or outdated
pickups will be returned to the issuing officer for updating. A stamp marked "Cancel or Still Wanted"
will be used for this purpose. The issuing officer will return the pickup to the Identification Section after
indicating that the pickup is to be canceled or retained.(9)It is the responsibility of the Identification Bureau to notify the appropriate investigative bureau when asuspect listed on a warrant is cancelled or the suspect is arrested. This will be done by forwarding a
copy of the DPD 110/252 cancellation form to the Criminal Investigation Division Office front desk. The
CID front desk personnel will update any arrest or cancellation information in the Fugitive Data Base
and then forward the DPD 110/252 cancellation form to the appropriate unit detective/officer.104.19 Writ of Habeas Corpus (1)Generally, Writs of Habeas Corpus are issued by the court to obtain the presence in court of a person -
as a witness or a defendant - when the person is incarcerated somewhere other than Denver, or in
Denver with a non-Denver hold. The writ is normally issued on motion of the District Attorney.(2)Writs of Habeas Corpus are executed by the sheriff's office.104.20 Use of DPD 366, Statement (1)When investigation arrests and other arrests are made that could result in a case being filed in court,
the arresting officer shall complete a Statement, DPD 366.(2)All remarks or responses to interrogation made by the suspect shall be recorded in complete detail.(3)A separate Statement form shall be used for each suspect. The reports shall not be filed by two officers
unless all remarks are made in the presence of both officers.(4)Remarks to individual officers shall be the subject of separate reports.(5)Besides the above information, the arresting officer shall detail all phases of the arrest that could be
related as evidence during a trial.(6)The Statement form shall be completed accurately and typed or printed legibly.104.21 Use of DPD 368, List of Witnesses (1)When investigation arrests and other arrests are made that could result in a case being filed, the
arresting officers, or the detective filing the case, shall complete List of Witnesses, DPD 368. 104.22 Use of the Advisement, DPD 369 (1)When investigation arrests or any other arrests are made, the arresting officer shall advise the arrested
persons of their rights as stated on the Advisement, DPD 369, and shall, in their own handwriting,
complete the Advisement, DPD 369. Whenever arrests are made and any amount of interrogation is
conducted, the Advisement, DPD 369, shall be used.(2)The advisement of rights must be made prior to any questioning of the arrested person.DENVER POLICE DEPARTMENT OPERATIONS MANUAL 104 - 25 REV. 3-06 (3)If the arrested person refuses to sign, the arresting officer shall write the word "refused" in the signature
of suspect space.(4)It is desirable, but not absolutely essential that the advisement be witnessed.(5)Both copies of the completed form shall be immediately hand carried to the Investigation Division, or in
the case of traffic charges, to the Special Operations Division.(6)When a Spanish-speaking suspect has been taken into custody and the suspect speaks no English,
the advisement and questions shall be read verbatim in Spanish. The Spanish version should be read
by an officer who is fluent in Spanish.104.23 General Session Order-Ins to Court (1)When an arrest is made for a City Ordinance violation other than traffic and the situation does not merit
jailing the violator, the officer may order the violator directly into court to answer to the charges. This
will be done by completing the General Session Summons and Complaint and checking the box
labeled "Order In" along with the appropriate charges. See OMS 104.03 for complete instructions for
preparing the General Session Summons and Complaint.(2)All the facts necessary to prove the charges in court must be included on the back of the City Attorney
and Police Department copies of the General Session Summons and Complaint. Often, defendants
plead guilty to the charges at the arraignment and the Court uses the officer's notes to impose the
appropriate sentencing.(3)The officer must positively identify the person arrested and include the complete residence and
business addresses.(4)After serving the defendant's copy, all remaining copies of the General Session Summons and
Complaint will be forwarded to the Records Section via inter-departmental mail. 104.24 Order-Ins to Investigative Units (1)DPD 75, Request to Appear, is used for all order-ins to investigative units.(2)The order-in will specify the location and time of the order-in and the nature and location of the offense.(3)Order-ins shall be made for 9:30 a.m. the next working day unless otherwise specified by the assigned
detective.(4)After the form is signed, one (1) copy of the Request to Appear will be served to the person ordered-in.
The remaining copies and additional details of the offense are to be forwarded to the bureau or unit
concerned with the offense. The paperwork must reach the proper investigative unit prior to the
appearance of the person ordered in.(5)Juvenile Order-Ins - See OMS 402.02 and 407.01104.25 Using the Criminal Summons and Complaint for Misdemeanor Arrests (1)The Criminal Summons and Complaint, also known as the State Form or the CS&C, may be used by
officers to initiate a criminal proceeding in which the defendant is charged with a misdemeanor violation
of the Colorado Revised Statutes (C.R.S.). The CS&C is not used to cite City Ordinance violations or
to initiate any felony proceedings.(2)The defendant may be ordered to appear in court to answer the charges.a.Officers shall complete the reverse side of the Police Department Copy including the
defendant's right index fingerprint using the Identiseal.b.When the defendant is ordered in, officers shall serve the Defendant's Copy of the CS&C.c.All remaining copies of the CS&C will be placed in an envelope addressed to Room 111, City
and County Building. This envelope is to be put into the District Station or Bureau ticket box
before the officer goes off duty that shift.(3)The defendant may be jailed on the charges detailed in the CS&C.104 - 26 DENVER POL

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