# arrest on warrant discretion?



## eyeballs (May 20, 2010)

If a department with 'police' powers on state property, such as the DOC discovers an active warrant on a civilian( prob. Violation for a + b), but SP or local are unable or unwilling to respond due to staffing, is there any liability on the DOC to let civilian go, due to not being able to transport.

Any other agencies with similar issues please comment, thank you.


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## Eagle13 (Jun 12, 2008)




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## 47turksinajar (Oct 24, 2010)

eyeballs said:


> If a department with 'police' powers on state property, such as the DOC discovers an active warrant on a civilian( prob. Violation for a + b), but SP or local are unable or unwilling to respond due to staffing, is there any liability on the DOC to let civilian go, due to not being able to transport.
> 
> Any other agencies with similar issues please comment, thank you.


seriously... 

How do you discover an active warrant... 
Were you in your newly purchased crown vic from craigslist? 
Does it have a cage?
Does your town give you police powers as a constable? 
Did the State police specifically say there were "unwilling" to transport? 
And where is your sgt? or are you a auxiliary deputy sheriff?

once you answer those we can reassess and give you an answer. :wink_smile:

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Eagle13 said:


>


red x:redcarded:


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## Guest (Apr 2, 2011)

An arrest/default warrant is an order from a judge that anyone authorized to serve criminal process (right of arrest) must take that person into custody. In practice, I've let otherwise law-abiding people go who had minor warrants (failure to attend jury duty) and told them to clear it up in court in the morning.

If the warrant is for something serious, I can't imagine MSP or the local PD is going to refuse to respond.


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## 263FPD (Oct 29, 2004)

DOC runs WMS on everyone who comes to visit an inmate. Warrants pop up from time to time. That said, we have yet to refuse making a warrant arrest at the MCI.

---------- Post added at 03:41 ---------- Previous post was at 03:38 ----------

The scenario that the OP speaks of isn't believable to me. If we were to say, be unable to respond, we would ask for mutual aid from a town next to us. After all, it being a warrant, the arrest would be valid regardless.


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## OfficerObie59 (Sep 14, 2007)

Liability for what? Liability has to have some foundation on the action taken or not taken. You seem to be thinking of failure to act which would indeed arise when an officer fails to take action on preventing the conduct that later causes the harm--i.e., letting a drunk drive away or letting a guy who just gave wifey a knuckle sandwich remain in the house. But letting a warrant arrest go? What could that be related to? It would be a stretch, and any number of facts could change the answer, but it seems to me, if the guy later goes and caps someone that the officer could somehow be held civilly liable. That's not to say there wouldn't be policitcal fallout and public outcry, but liability doesn't seem to fit. See "proximate cause".

Whether you can arrest would depend on the conditions of the particular warrant. Is the DOC officer "authorized to serve the criminal process"? You may want to look into that, and note their are criminal penalties for officers who knowingly fail to arrest those they know have warrants.

I could see an agency too busy to respond. And pardon me for sounding a bit perturbed, but if like 263 says, you're running everyone through WMS, it seems to me you best have a procedure to deal with people when they pop with that warrant, other than calling the local police agency and shoving off all your warrants to them. 

That said, any sworn municipal officer can arrest statewide for a warrant, so unless every town in a 20 mile radius is tied up, there should always be someone to call.


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## eyeballs (May 20, 2010)

Thank you everyone except the obvious person that has no idea how the DOC works. 
"Liability for what?..." Well let me give the whole story. As a Correction Officer II (Sgt.), I am trained and have access to CJIS via CJISWEB and the other terminal based program. Queries are run periodically on inmate visitors to see if there lying on their visiting forms. Some institutions have different ideas on who they run, and where. We also check plates simple issues (lights, unlocked vehicles, people stupid enough to let their 7 year old stay in the car on prison property, etc) That said, some Shift Commanders don't want to deal with the possible warrant if it arises, so they 'decree' no CJIS checks on civilians that are on property. Well, in a certain situation where you have a suspicious individual, giving you different names and IDs, and stories to boot, we ran her and a warrant showed on WMS, along with a lengthy criminal history and time served for AB on PO. In the past, with other Captains, a simple call to MSP, and they come pick them up, and we'll detain if they need time, no problem. However, our procedures do not spell out what to do with a wanted person, they only cover if we find a visitor with drugs or committing another crime warranting action, so past practice would apply. The fear that the Captain has, as explained by him is that if we find a warrant, and the SP cannot come get him/her (which HAS happened 263, but a minor warrant like Delta refers to), then there is liability on us.  This is info coming from the S/C, who was coached by our DOC legal department (which has over the years taken almost any power we have over searching civilians) I, personally was dumbfounded when it was explained to me, hence the reason for the posting.

Basically, since we are SSPOs under 127:127, and states ", and may perform police duty about the premises of penal institutions" this leaves it pretty vague. I know we don't have the same training as PO, but in this case we have very little training and Captains and Administrators have different views on what's acceptable. This is why I asked you guys, who know a heck of a lot more about the process.

So let me ask the question a different way, if the same situation happened, and state or local for some unforseen reason could not respond, I would let the person go and write an incident report. Do you see anything wrong with that?

---------- Post added at 16:42 ---------- Previous post was at 16:38 ----------

BTW-
How do you discover an active warrant... *WMS VIA CJISWEB*
Were you in your newly purchased crown vic from craigslist? *FORD E350 WITH THE BROKEN BLUE LIGHTS ON TOP*
Does it have a cage? *YES*
Does your town give you police powers as a constable? *NO, STATE*
Did the State police specifically say there were "unwilling" to transport? *UNABLE*
And where is your sgt? or are you a auxiliary deputy sheriff? *I AM A SGT.*


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## csauce777 (Jan 10, 2005)

eyeballs said:


> Basically, since we are SSPOs under 127:127, ...and may perform police duty about the premises of penal institutions" this leaves it pretty vague.


It doesn't sound too vague to me. That tells me you are "authorized to serve criminal process," which is what warrant arrests require.

As for brooming minor warrants, I highly doubt you're ever gonna hear about it. With that said, I'm not sure I'd be brooming anything but the mundane jury duty or library book warrants.


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## 263FPD (Oct 29, 2004)

I do think that it's a shame that you have encountered a situation where a person who i wanted on a warrant could not be picked up. Iobviously don't know where your institution is located, but we are more then happy to make arrests on warrant or otherwise for the MCI Framingham. Over the years I ade countless arrests there, and also investigated a case where two shitbags tried running over two CO's in the parking lot with their stolen Jeep. (Arrested and prosecuted on both by the way.) May be your command staff could come to some sort of an agreement with the surrounding LE agencies, because unless it is an extemely minor warrant such as ummmm, failing to appear for jury duty or something, it is a real shame to let that person go.


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## eyeballs (May 20, 2010)

Thank you 263. I have heard that MCIF has had plenty of issues over the years, and am glad for the support of the police agencies. I think the bigger issue, like you've said, is the command staff not being on the same page with one another or being too afraid to act, and lack of written procedure on certain instances and/or better training in that area.

Csauce, I am not doubting our ability to arrest or act on warrants, it is the fact that once we cuff-em, we can't transport and don't have a holding facility. I believe that certain administrators and managers just don't have the knowledge and balls to do what's right. I too think it's a shame that this is even a questionable issue, as we are all in the same business.

Thank you all for your insight.


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## Guest (Apr 2, 2011)

eyeballs said:


> Thank you 263. I have heard that MCIF has had plenty of issues over the years, and am glad for the support of the police agencies. I think the bigger issue, like you've said, is the command staff not being on the same page with one another or being too afraid to act, and lack of written procedure on certain instances and/or better training in that area.
> 
> Csauce, I am not doubting our ability to arrest or act on warrants, it is the fact that once we cuff-em, we can't transport and *don't have a holding facility*. I believe that certain administrators and managers just don't have the knowledge and balls to do what's right. I too think it's a shame that this is even a questionable issue, as we are all in the same business.
> 
> Thank you all for your insight.


I know exactly what you mean by this, but it just really sounds funny coming from a Corrections Officer. Can't you guys just remodel a cell and call it 'The Waiting Room'?


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## eyeballs (May 20, 2010)

LOL Yeah, trust me we've thought about it. 1200 beds for convicted felons and we can't keep one just for a night!!


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## USM C-2 (Oct 27, 2010)

Someone more current will have to confirm this, but wasn't there an MGL making failure to execute an arrest warrant an offense?

Found it. MGL Chapter 268 Section 22:
"An officer who wilfully delays service of a warrant of arrest or a search warrant committed to him for service shall be punished by a fine of not more than fifty dollars."

Guess the question is whether or not finding a warrant in the system makes it 'committed' to you for service.

OTOH, since the chair-warming REMF's (I used to be one, so I can call them that...) don't want you to do anything, there's your real answer.


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## j809 (Jul 5, 2002)

There is a state correctional facility in my town and we always responded there for assistance etc. The new MSP Major or LT said that we have no jurisdiction on that state property and we no longer respond to anything over there. If we do its just to stand by and have the troopers respond. If they can't, oh well, have a nice day, call the Major.


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## 263FPD (Oct 29, 2004)

The Major needs to wake up and unfuck himself. Way to win friends and influence people.


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## mpd61 (Aug 7, 2002)

USM C-4 said:


> Found it. MGL Chapter 268 Section 22:
> "An officer who wilfully delays service of a warrant of arrest or a search warrant committed to him for service shall be punished by a fine of not more than fifty dollars."





j809 said:


> There is a state correctional facility in my town and we always responded there for assistance etc. The new MSP Major or LT said that we have no jurisdiction on that state property QUOTE]
> 
> I once got jammed up and admonished by my chief for letting a woman go on a failure to appear warrant. he quoted the above law and asked me where it said I "may" arrest versus "shall arrest? Point taken chief won't happen again. j809 will attest to that one (Hee Hee) Speaking of j809 don't you love how MSP claims "sovereignty" over DOC controlled property? LOL
> :tounge_smile:


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