G2.2.3 Alternatives to Arrests
Chapter: Chapter 02: Role and Authority
Sub-Chapter: 2.2 - Limits of Authority
Effective Date: 06/11/2020
Revised Date: 10/02/2023
Rescinds: G2.2.3 – 7/30/2021
Purpose
To describe the circumstances when officers of the Indiana University Police Department (IUPD) may exercise alternatives to arrest.
General Order
The IUPD recognizes that there are occasions when alternatives to arrest may be appropriate to more effectively address the variety of problems officers encounter. Officers will exercise good judgement and utilize the Critical Decision-Making Model to determine the best course of action for every incident.
Alternatives to Arrest
When determining alternatives to arrest, consideration will be given to factors such as:
- degree and severity of the violation,
- risk that the suspect will commit another crime,
- suspect’s prior criminal record,
- risk that the suspect is a danger to themselves or others,
- applicable laws and court decisions, and
- IUPD’s mission statement, core values, goals, and objectives.
Alternatives to arrest may include, but are not limited to:
- issuing verbal or written warnings,
- issuing a citation or summons,
- presenting a probable cause affidavit to the local prosecutor’s office,
- referring to the appropriate University administrative official or office in accordance with G13.2.6 Referral to Campus Disciplinary Systems, and/or
- issuing a trespass warning in accordance with G18.1.1 Trespass Warning and Arrests.
Exercise of police discretion is guided by a combination of applicable laws, regulations, policies, training, and supervision. No single written directive could possibly cover all circumstances involving officer discretion. The use of police discretion involves the power to exercise judgement in the selection of a proper course of action consistent with the IUPD’s mission, values, goals, and objectives. During every incident, officers will utilize the Critical Decision-Making Model by:
- continuously collecting information,
- assessing the situation, threats, and risks,
- considering their police powers, IUPD policies, and Indiana University policies,
- identifying options and determining the best course of action,
- reviewing and reassessing as new information is learned, and
- acting based on the totality of the circumstances.
Although every officer must enforce the law, an arrest may not be appropriate under all circumstances. Unless an arrest or other action is required by IUPD directives, law or statute, case law, or orders of a superior officer, the officer’s discretion to choose an appropriate course of action is explicitly recognized. Officers are accountable for their discretionary exercise of authority.
Course of Action for Non-Violent Misdemeanor Offenses
For non-violent misdemeanor criminal offenses that do not endanger the safety of another person (excluding traffic-related criminal offenses) involving students, regardless of the college, university, or school in which the student is enrolled, the primary course of action is a referral being made to the appropriate administrative disciplinary reporting structure of the applicable institution.
Officers will consider their local prosecutorial discretion and alternatives to arrest when determining whether to perform a custodial arrest or request formal charges. Officers will weigh the likelihood of charges being filed with the best interest of the individuals involved, Indiana University, and the safety of the community.
Unless articulable aggravating factors are present or under order of a court, officers will not perform an outright custodial arrest for misdemeanor property crimes involving a loss of less than $750. The primary course of action for such misdemeanor property crimes involving a loss of less than $750 with no aggravating factors is to complete a case report and forward to investigations for follow-up, present a probable cause affidavit to the local prosecutor’s office, and/or referral made to the appropriate University administrative official if applicable. Aggravating factors may include, but are not limited to crimes in progress, breach of the peace, or threats to public or officer safety.
Related Information
Indiana University Police Department
- G13.2.6 Referral to Campus Disciplinary Systems
- G18.1.1 Trespass Warning and Arrests