§ 14-15. Authority to arrest and incarcerate.  


Latest version.
  • (a)

    A police officer may arrest a person for a violation of the Charter, this Code, or any ordinance of the city if:

    (1)

    The violation has been or is being committed by a person in the officer's presence; or

    (2)

    The officer has probable cause to believe that a violation has been or is being committed by the person and that the person has been or is committing it.

    (b)

    Whenever any police officer is authorized by this Code to arrest any person, the officer has the authority to incarcerate that person if the officer has probable cause to believe that one or more of the following conditions exists:

    (1)

    The person is not likely to desist from the conduct alleged to constitute a violation after issuance of a summons;

    (2)

    The person is unlikely to appear in municipal court in response to a summons, but the fact that the defendant does not reside in the city is not alone such probable cause;

    (3)

    The person refuses or is unable to post the bond required by this chapter;

    (4)

    The person refuses service of a summons;

    (5)

    The person refuses to sign the promise of appearance, if any, on the summons;

    (6)

    The person refuses to identify himself or herself by giving complete name and address verifiable by reasonable supporting data; or

    (7)

    The person falsely identifies himself or herself.

    (c)

    A police officer shall incarcerate any person when the officer has a warrant or writ commanding that such person be arrested or has received information, which the officer reasonably believes to be reliable, that such warrant or writ exists.