Examine situations where dual arrest policies may be unfair
How do police officers decide to arrest? Does the act committed fall within the definition of a felony or a misdemeanor? Does the offense constitute a crime that carries with it the power of arrest? Is there a proarrest or mandated arrest response that would limit the discretion at the scene? In other words, officers need to know what must be done and then what can be done, in response to the violence encountered in their jurisdiction. Here are five questions that police officers must consider when making the decision:
1. Does the action constitute a crime?
2. Is there probable cause that a crime was committed?
3. Is the crime a misdemeanor or a felony?
4. Does the officer have the warrantless power of arrest for that crime?
5. Is there an outstanding protection order that has been violated?
