HONOLULU POLICE DEPARTMENT

Transcription

1 HONOLULU POLICE DEPARTMENT POLICY PRISONER AND COURT-RELATED ACTIVITIES September 8, 2015 j PENAL SUMMONSES AND WARRANTS POLICY The safety of the public and police personnel shall be the primary consideration in serving penal summonses and warrants. PROCEDURE I. GENERAL PROCEDURES A. In general, all penal summonses and warrants received by the department for service shall be routed through the Warrants Unit of the Records and Identification Division. The Warrants Unit shall maintain a record of the distribution, follow-up action, and return of all penal summonses and warrants to ensure that they are served promptly. However, the above procedures do not apply to search warrants, grand jury bench warrants, and others that are issued directly to investigators. See sections IV and V below for instructions on handling search warrants and grand jury bench warrants issued directly to investigators. B. Time Limits for Service of Penal Summonses and Warrants 1. Penal summonses and warrants shall be served only during the time periods specified in the orders. 2. When no time period for service is specified in the order, penal summonses and warrants shall not be served between the hours of 2200 and 0700 on premises closed to the public.

2 Page2 C. Service and Return Procedures 1. When serving a penal summons or warrant, the officer shall provide a copy to the person named in the document. The officer shall then record his or her name and identification number and the date, time, and place of service in the space provided on the document. 2. A copy of the Attempt to Serve Legal Instrument, HPD-222 form, shall be attached to each penal summons and warrant. The required information shall be entered on the form each time an officer attempts to serve the document. 3. An officer may transfer a penal summons or warrant to another officer for service when it is necessary or desirable to do so. The Warrants Unit shall be notified of the document transfer. 4. All penal summonses and warrants are to be turned in at the end of an officer's work shift to his or her supervisor. The supervisor is responsible for turning them in to the Warrants Unit. 5. The Warrants Unit shall ensure the prompt return to the courts of all unserved penal summonses and warrants that bear a specific date for service and return. Accompanying each document shall be a copy of the HPD-222 form explaining why it was not served. The original form shall be retained by the Warrants Unit. D. Service of a Penal Summons or Warrant on Military Personnel 1. The service of a penal summons or warrant on military personnel shall be coordinated through the appropriate provost marshal's office, base legal office, or military command. 2. To expedite the service of a penal summons or warrant at the Pearl Harbor Naval Base, an officer shall proceed directly to the base police station, building 199. The base police will assist the serving officer in obtaining permission from the commander for service of the document.

3 Page3 3. When a specific bail amount is set, the serving officer shall so inform the provost marshal's office, base legal office, or military command with which contact is made. II. PENAL SUMMONSES A. Filing of Penal Summonses When penal summonses are received by the Warrants Unit, they shall be logged and then distributed to the appropriate districts for service. B. Service of Penal Summonses III. WARRANTS 1. Penal summonses shall be served as soon as practicable. 2. When a suspect is located for an offense in which a penal summons has already been issued but has not been served, the suspect shall not be arrested. Instead, an attempt should be made to serve the penal summons on that person. A. Filing of Criminal Warrants 1. In general, criminal warrants are kept on file by the Warrants Unit. The Warrants Unit will send the lists of new warrants to affected patrol elements when the warrants are received. 2. When warrants are received from another county (i.e., Hawaii, Kauai, or Maui), the Warrants Unit shall prepare an Incident Report, HPD-192 form, for each warrant it receives. EXCEPTION: When a warrant is facsimiled from another county directly to a patrol district station because the suspect is in custody, the receiving district shall initiate the incident report. a. The original incident report shall be filed in the Records Unit of the Records and Identification Division.

4 Page4 b. A copy of the report shall be filed with the original warrant in the Warrants Unit. 3. Most warrants do not include police report numbers that can be used for booking. These warrants will be annotated by the Warrants Unit to indicate that new report numbers must be obtained for the booking process. B. Service of Criminal Warrants 1. Prior to effecting an arrest, officers shall confirm a criminal warrant with the Warrants Unit. The Communications Division shall assist the officer in confirming the warrant by calling the Warrants Unit. 2. If a criminal warrant is served in a central patrol district and the defendant is processed at the Central Receiving Division (CRD), the following procedures shall be followed: a. The original warrant is to be picked up from the Warrants Unit by the arresting officer; b. When the officer serves the warrant, the defendant shall be given a copy and informed of the court date; c. The arresting officer shall sign and complete the original warrant and print his or her name and identification number, the Honolulu Police Department (HPD) report number, and the date and time of the arrest on the upper-right corner of the warrant; d. The original warrant shall be attached to the arrest report for court purposes; and e. A copy of the warrant with the officer's name and identification number, the HPD report number, and the date and time of the arrest shall be forwarded to the Records Unit for filing.

5 Page5 3. If a criminal warrant is served in a regional patrol district and the defendant is processed at a regional station, the following procedures shall be followed: a. After initiating the arrest, the officer shall call the Warrants Unit to have the warrant facsimiled to the regional station. The serving officer shall provide his or her name and identification number and the HPD report number to the Warrants Unit; b. Upon receiving the facsimile copy, the arresting officer shall make a photocopy of the document (because the facsimile copy tends to fade over time). The officer shall execute the arrest using the photocopy in lieu of the original and shall inform the defendant of the court date; c. When bail is posted in a regional patrol district for a warrant issued by the Honolulu District Court, the court appearance date shall be two court days after the date of arrest; d. The arresting officer shall sign and complete the photocopy of the warrant and print his or her name and identification number, the HPD report number, and the date and time of the arrest on the upper right corner of the warrant; e. Although the warrant is facsimiled, the original shall be picked up at the Warrants Unit. Each watch will send its district's transfer officer to the main station for this purpose. (1) The transfer officer shall pick up the original warrant from the Warrants Unit and sign the warrant for the serving officer. The original warrant shall then be attached to the arrest report. (2) The documents shall then be delivered to the CRD for court purposes.

6 Page6 ( 3) If an electronic bench warrant (E-bench warrant) is served, the CRD or respective district's desk sergeant shall print it from the E-bench warrant site. This printed document is considered an original warrant; and f. A copy of the warrant with the officer's name and identification number, the HPD report number, and the date and time of the arrest shall be forwarded to the Records Unit for filing. 4. The bail receipt and the pink copy of the arrest and disposition report shall clearly indicate the correct court and the date and time that the defendant is to appear. 5. Grand jury warrants already have report numbers that make it unnecessary for officers to obtain new ones. EXCEPTION: If a grand jury warrant is received directly from the Sheriff Division, Department of Public Safety (DPS), a separate report number shall be obtained and provided to the Sheriff Division; however, the arrest shall be processed under the report numbers listed on the warrant. 6. A warrant based on an investigation conducted by another agency (e.g., the attorney general) requires a separate police report number for each charge. C. Traffic Warrants 1. The Sheriff Division, DPS, is responsible for entering warrant information into the Judiciary's warrant computer file; the warrant information is then transferred to the HPD's computer file. If a police officer detains anyone who is listed in the computer for an outstanding traffic bench warrant, the warrant shall be confirmed with the Warrants Section of the Sheriff Division at the number listed on the attachment.

7 Page7 2. The Sheriff Division is primarily responsible for serving, arresting, and processing persons with outstanding traffic bench warrants. Police officers may assist the deputy sheriffs when necessary. a. Anyone arrested by a police officer for a traffic bench warrant shall be processed in the standard manner for arrests. b. When an arrest is made, the report number shall be printed at the top-right corner on a copy of the warrant, which shall be turned in to the Records and Identification Division along with a miscellaneous crime report. 3. If a traffic warrant is served in a central patrol district and the defendant is processed at the CRD, the following procedures shall be followed: a. The original warrant is to be picked up from the Sheriff Division at the Honolulu District Court. Electronic bench warrants can be printed off the ebench Warrants site; b. When the officer serves the warrant, the defendant shall be given a copy and informed of the court date; c. The arresting officer shall sign and complete the warrant and print his or her name and identification number, the HPD report number, and the date and time of the arrest on the upper-right corner of the warrant; d. The original warrant shall be attached to the arrest report for court purposes; and e. A copy of the warrant with the officer's name and identification number, the HPD report number, and the date and time of the arrest shall be forwarded to the Records Unit for filing.

8 Page8 4. If a traffic warrant is served in a regional patrol district and the defendant is processed at a regional station, the following procedures shall be followed: a. After initiating the arrest, the officer shall call the Sheriff Division (see the attachment) to have the warrant facsimiled to the appropriate station; b. The arresting officer shall execute the arrest using the facsimile copy in lieu of the original. The officer shall inform the defendant of the court date; c. When bail is posted in a regional patrol district for a warrant issued by the Honolulu District Court, the court appearance date shall be two court days after the date of arrest; d. The arresting officer shall sign the facsimile copy and print his or her name and identification number, the HPD report number, and the date and time of the arrest on the upper right corner of the warrant; e. Although the warrant is facsimiled, the original must be picked up at the Sheriff Division as soon as possible by the district command (preferably during the same work shift so the warrant can be deleted from the computer files). If the warrant cannot be picked up immediately, the supervisor must call the Sheriff Division to make other arrangements. (1) The transfer officer shall pick up the original warrant from the Sheriff Division and sign it for the arresting officer. The original warrant shall then be attached to the arrest report. (2) The documents shall then be delivered to the CRD for court purposes; and

9 Page9 f. A copy of the warrant with the officer's name and identification number, the HPD report number, and the date and time of the arrest shall be forwarded to the Records Unit for filing. 5. The bail receipt and pink copy of the arrest and disposition report shall clearly indicate the correct court and the date and time when the defendant is to appear. D. Service of Neighbor-Island Warrants ("Outside Assist") 1. When a person is arrested for a neighbor-island warrant, he or she should be booked under a Miscellaneous Public report number. 2. If the arrestee posts bail, a court date should be assigned as indicated on the warrant. If the warrant does not specify a court date, call the Warrants Unit or the appropriate police department in the jurisdiction where the warrant was issued for a court date (see the attachment). The following items shall be forwarded to the Warrants Unit: a. The entire OBTS/CCH document (do not separate) ; b. Two sets of fingerprint cards; c. The bail bond, if applicable; d. The completed and signed original warrant (the original warrant must be signed by the arresting officer); e. The completed and signed original return of service form, if applicable; and f. Photocopies of the HPD police reports, if applicable. 3. If the arrestee does not bail out, he or she must be transferred to the CRD. All of the documents must remain together until the arrestee is picked up by officers from the appropriate county.

10 Page If the arrestee is being held without bail, the Warrants Unit should be immediately notified and the arrestee transferred to the CRD. The Warrants Unit will make arrangements with the appropriate jurisdiction for transportation of the arrestee. E. Possible Misidentification of a Suspect 1. If an officer has reason to believe that the individual on whom the officer is attempting to serve a warrant is not the person for whom the warrant is intended, the officer shall delay execution of the warrant. 2. In each case, the officer must indicate the following information in a report: a. The reasons why the officer did not execute the warrant; and b. All information needed to locate the individual later (e.g., residence and business addresses and telephone numbers) 3. A copy of the report shall be submitted to the Records Unit for filing. 4. All unserved warrants shall be returned to the Warrants Unit with a Justification of Non-Service, HPD-222A form, attached to the warrants. If an unserved warrant was obtained from the Sheriff Division, a To/From report shall also accompany the warrant explaining the reasons for the return. IV. SEARCH WARRANTS ISSUED TO INVESTIGATORS Officers who obtain search warrants from the courts and the officers' commanders are responsible for the safekeeping and service of these warrants.

11 Page 11 V. GRAND JURY BENCH WARRANTS ISSUED TO INVESTIGATORS Under certain circumstances, grand jury bench warrants are issued directly to investigators. The procedures established by the Department of the Prosecuting Attorney shall be followed in the service and return of such warrants. l. LOUIS M. KEALOHA Chief of Police Attachment Post on bulletin board for one week Policy first issued March 7, 1997

12 Attachment TELEPHONE CONTACT NUMBERS Warrants Section, Sheriff Division, Department of Public Safety Hawaii Police Department During normal business hours Outside of normal business hours Kauai Police Department During normal business hours Outside of normal business hours Maui Police Department During normal business hours Outside of normal business hours Molokai Police Department