General Orders Details

Purpose

To describe the procedures the Indiana University Police Department (IUPD) will follow to ensure compliance with all applicable constitutional requirements when making an arrest.

General Order

The rules (laws and case law decision) of arrest are perpetually under review by the courts. It is incumbent upon members of the IUPD to maintain a contemporary understanding of the laws of arrest in order to fulfill the obligations and mission of the IUPD. The IUPD will ensure this general order complies with all applicable constitutional requirements for arrests through a periodic review conducted by appropriate legal counsel.

Arrest made, with a warrant (2.2.2 a)

Officers will execute any verified and valid arrest warrant which is presented to them, or which comes to their attention while they perform their duties. Persons wanted on a warrant can be detained but should not be removed from the immediate vicinity until the warrant can be confirmed. Officers will request warrants and extradition status on all warrants be confirmed in accordance with applicable IDACS/NCIC procedures, which may include fax and/or writing(s) from other official data sources, through the IUPD dispatch or relevant communications center. As soon as reasonably practicable, officers will inform the person of the reason for their detention and/or arrest.

An arrest on a warrant can be made at any time on any day. Where reasonably practicable, the arresting officer will attempt to have at least one (1) other sworn law enforcement officer present when executing an arrest warrant. Unless tactical considerations dictate otherwise, at least one (1) officer will be in uniform.

Unless exigent circumstances exist, no academic class will be interrupted for the purpose of executing an arrest warrant. If it is necessary to serve an arrest warrant during a class, every effort will be made to keep any disruption of the class to a minimum.

The IUPD will cooperate with other law enforcement agencies in the execution of a lawful arrest warrant within the IUPD’s jurisdiction. However, the IUPD will not disclose certain information which is protected under the Family Educational Rights and Privacy Act (FERPA).

Officers may execute verified and valid arrest warrants outside the jurisdiction and service boundaries of the IUPD only after obtaining approval from a supervisor. The approving supervisor will ensure that the law enforcement agency with jurisdiction is notified prior to any attempt to serve the arrest warrant. A reasonable attempt to have an officer of that jurisdiction present prior to service will be made.

Prior to executing an arrest warrant that is pre-planned (i.e., not resulting from a traffic stop or other field activity in which the warrant comes to the officer’s attention), the supervisor will develop a written operational plan and ensure all officers involved are briefed on their roles and responsibilities.

Arrest made, without a warrant (2.2.2 b)

In accordance with Indiana Code (IC) 35-33-1-1, officers may arrest a person when the officer has:

• probable cause to believe the person has committed or attempted to commit, or is committing or attempting to commit, a felony;
• probable cause to believe the person is committing or attempting to commit a misdemeanor in the officer’s presence; or
• probable cause to believe the person has committed or attempted to commit a misdemeanor covered by IC 35-33-1-1 as it now exists or may be amended.

Officers will exercise good judgement and utilize the Critical Decision-Making Model to determine the best course of action for every incident in accordance with G2.2.3 Alternatives to Arrest.

Related Information

Indiana Code

• 35-33-1 Arrest
• 35-33-2 Arrest Warrants

Indiana University Police Department

• G2.2.3 Alternatives to Arrest