POLICY AND PROCEDURE # 72 MEDICAL UNIVERSITY OF SOUTH CAROLINA DEPARTMENT OF PUBLIC SAFETY SUBJECT: Intoxicated Persons at the Medical University of South Carolina Trauma Center. (CALEA 91.2.3.a) EFFECTIVE DATE: 26 March 2002 PAGE 1 OF 5 REVIEW DATE: 30 November 2017 APPROVED: CHANGE DATE: 05 December 2008 THE POLICIES AND PROCEDURES INCLUDED IN THIS MANUAL ARE NOT A CONTRACT OF EMPLOYMENT AND SHOULD NOT BE RELIED ON AS SUCH. THESE POLICIES AND PROCEDURES ARE SUBJECT TO AND MAY BE CHANGED AT ANY TIME BY THE DEPARTMENT OF PUBLIC SAFETY, MEDICAL UNIVERSITY OF SOUTH CAROLINA. A. Purpose B. Policy To establish the organization and command protocol for the handling of intoxicated persons at the Medical University of South Effective immediately, when the staff at the Medical University Trauma Center calls regarding the discharge of an Intoxicated Patient a sworn Public Safety Officer or supervisor will respond as soon as possible. 1. A signed medical release form must be obtained from a competent medical authority, preferably a physician. 2. At this time, responsibility for the subject is transferred to the senior officer at the scene. 3. Physicians, nurses, staff or other employees do not have the authority or right to demand or order the arrest and incarceration of a citizen. 4. The patient will be removed from the premises. 5. The Public Safety supervisor, based on the totality of the circumstances, will make final disposition of the person. 1
a. The person can be released to a competent person or family member, if he is not disorderly or a danger to himself or others. b. The person can be arrested, charged with Public Intoxication and transported to the county jail. c. Intoxicated persons will not be released on their own, taken home and left unsupervised, or released onto the streets. 6. Incidents that involve threats or assaults on employees will be addressed individually and must comply with the U.S. Constitution and S.C. State Law. C. Procedure 1. Arrest Definition To deprive a person of his liberty, by legal authority, for the purpose of holding or detaining him to answer a criminal charge. Usually, this will involve some form of physical restraint, but not always. Once the individual is deprived of his liberty and he submits to your authority, the individual is legally under arrest. 2. Probable Cause Probable Cause is defined as those facts and circumstances personally known by the arresting officer, which would reasonably lead him to believe that: a. a crime had been committed or is being committed, and; b. the person to be arrested probably committed or is committing the crime. 3. Arrest Warrant a. Definition: An Arrest Warrant is a written judicial command directing any commissioned law enforcement officer to arrest a specific individual and bring that individual before the warrant-issuing official or some other Magistrate. b. Who May Issue an Arrest Warrant: A warrant must be issued by someone with legal authority to do so. In South 2
Carolina, Magistrates, Municipal Judges, Mayors, Judges and Coroners may issue Arrest Warrants for crimes committed within their territorial jurisdiction. c. Requirements for a Proper Arrest Warrant: 1) An Affidavit, based upon information and belief, is acceptable so long as the Affidavit otherwise states the underlying facts and circumstances upon which a Magistrate can find probable cause for the arrest. 2) It is best to include the source of information and belief, except in cases of a reliable confidential informant. If information from an informant is used as probable cause, the information must be verifiable. d. An Arrest Warrant must contain the following: 4. Arrest with a Warrant 1) The warrant must bear the caption or the jurisdiction of the court from which it was issued. 2) The person to be arrested must be named in the warrant, if it is known. If not known, a detailed description by which he can be identified with reasonable certainty, to the exclusion of all other persons, must be included. 3) The warrant must describe the offense charged in the complaint. 4) The time of issuance of the warrant must be stated. 5) The warrant must be directed to an appropriate officer(s), and command that the defendant be brought before the proper judicial official. 6) The warrant must be signed by the issuing Magistrate and must state his official title. a. When making an arrest pursuant to a warrant, the officer will: 1) When arresting for a misdemeanor, the officer must have the warrant in his possession. When arresting for a felony, the officer 3
may make the arrest based on probable cause and the warrant can be served later. However, if you have a warrant issued, it is best to have it with you. a) Based on the circumstances, the Chief, or Patrol Commander may extend the option for the individual to surrender at the Court in lieu of surrendering at the Public Safety Headquarters. 2) Identify himself. 1 If the individual elects this option an officer from the arresting agency will meet the individual at the court for processing. 3) Inform the person that he has a warrant for his/her arrest. 4) Place the person under arrest. 5) Inform the person of the offense upon which the warrant was issued. 6) Give the person a copy of the warrant and Affidavit. 7) The officer who signed the Affidavit must have someone, other than himself, serve the warrant. Any other commissioned officer may perform this duty. Once the Warrant has been lawfully served, the officer who signed the Affidavit may take charge of the prisoner and perform all other arrest functions. 8) If you have the subject in custody and are going to ask any questions that would incriminate him, you must advise him of his Constitutional Rights. If you are not going to question him, it is not necessary to advise him. NOTE: Read them from the Miranda Card provided by the Training Section. Do not rely on your memory. 9) Restrain, search and transport the prisoner in accordance with Procedure # 70 10) Misdemeanor arrest can be made using the Uniform Traffic Citation (UTC). All others require a warrant. b. EXCEPTIONS: 4
1) If the officer has reasonable cause to believe that by giving notice of the arrest (i.e., reading the Warrant, advising the prisoner of his rights and searching the prisoner at that particular time and place), he would encounter danger to himself or others, or jeopardize the opportunity for a peaceful arrest, he may delay the above requirements for a reasonable amount of time until conditions permit a peaceful arrest. This would most likely be the case if the arrest was made in the midst of a hostile crowd, or in certain other public places where trouble may develop. 2) If the officer has reason to believe that the person is incapacitated because of drunkenness, drugged or mentally ill, he may delay the above requirements for a reasonable amount of time until the person s physical or mental condition permit compliance with section 4.a. 5. Arrest Without a Warrant The following are situations in which an arrest can be made without first obtaining an Arrest Warrant: a. Felony - which occurred in the officer's presence. b. Felony - based upon probable cause, if the arrest is made in a public place. This includes all felonies. c. Misdemeanor - which occurred in the officer's presence. d. Misdemeanor - which did not occur in the officer's presence, but is based on probable cause which indicates that a misdemeanor was freshly committed. Officers must use caution when arresting for a misdemeanor without a warrant. In the absence of probable cause indicating that the crime was freshly committed, the arrest must not be made. If there is doubt, do not make the arrest! Obtain a warrant, or advise the victim to seek a warrant from a Magistrate. e. Any criminal offense committed in the presence of the officer. The officer must have personal knowledge of the crime. Any information obtained from another police officer, who has witnessed a misdemeanor, can be used to make a misdemeanor arrest. 5