TITLE TWO — PRELIMINARY PROCEEDINGS
Rule 6.1. Arrest Without a Warrant; Disposition of Arrested Persons
Warrantless Arrest. A law enforcement officer may arrest a person without a warrant when, and only when, one of the grounds stated in 6 R. Stat. § 131.006 exists, namely:
the person has committed a felony or misdemeanor, or violated a municipal or county ordinance, in the presence of the officer;
a felony has been committed and the officer reasonably believes that the person committed it;
the officer reasonably believes that a felony has been or is being committed and that the person to be arrested has committed or is committing it;
a warrant for the arrest has been issued; or
a violation of the Ridgeway Vehicle Code has been committed in the presence of the officer.
Immediacy; Fresh Pursuit. An arrest for the commission of a misdemeanor, for the violation of a municipal or county ordinance, or for a violation of the Ridgeway Vehicle Code shall be made immediately or in fresh pursuit.
Relayed Information; Vehicle Code. Any law enforcement officer may arrest a driver for a violation of the law upon information relayed to the officer by a fellow officer, provided that the arresting officer has reasonable and proper identification of the vehicle and the violation has been communicated to the arresting officer, as provided by 6 R. Stat. § 131.006(e).
Search of the Person Arrested. Where a law enforcement officer has effected a lawful arrest, the officer may search the person arrested and the area within that person’s immediate presence, so that the officer may protect against attack, prevent escape, and discover the fruits of the crime. An officer conducting a lawful search incident to arrest may seize all instruments, articles, or things discovered on the person arrested or within that person’s immediate control, the seizure of which is reasonably necessary to those ends, as provided by 6 R. Stat. § 131.007. A search beyond the scope of this subdivision requires a search warrant issued under Rule 44.
Arrest Outside the Officer’s Jurisdiction. Any duly authorized state, county, or municipal arresting officer is authorized to arrest a person outside of the officer’s jurisdiction when in fresh pursuit or when providing mutual aid. Such an officer has the same authority to arrest and to hold that person in custody outside of the officer’s jurisdiction as any authorized arresting officer of this State has to arrest and hold in custody a person not arrested in fresh pursuit, as provided by 6 R. Stat. § 131.008.
Advisement Upon Arrest; Presentment. Upon arrest the officer shall inform the person of the offense for which the arrest is made, or, where the officer does not then know the offense charged, within a reasonable time after the arrest. No statement shall be taken from a person in custody absent a waiver of that person’s right to remain silent and to counsel. Where the arrest is subsequent to an in-game incident and an on-duty state judge is present in game, the officer shall give the advisement required by Rule 3.1(2) and shall bring the person before that judge for a first appearance, as 6 R. Stat. § 131.204 and Rule 3.1(1) require.
Booking; Disposition Upon an In-Game Incident. Where a person is arrested subsequent to an in-game incident, the person shall be booked and delivered to a Department of Corrections facility, and held within the custody of the Department of Corrections until the sentence of imprisonment expires, as provided by 6 R. Stat. § 131.201. This subdivision is subject to the first appearance required by Rule 3.1(1); to the release and expungement required by Rule 3.1(7)(b) where probable cause is not found; and, where the State indicates its intention to file charges, to Rule 7.2, under which the person is held for the filing period fixed by Rule 7.2(2)(a) and is released as Rule 7.2(2)(b) requires if charges are not filed. Where charges are filed, the person is thereafter held under 6 R. Stat. §§ 131.202 and 131.203 and Rule 7.1(2), and not under this subdivision. Detention preceding booking may be maintained in a holding cell established under 6 R. Stat. § 132.101; post-booking confinement is maintained at the Ridgeway County Jail as the state penitentiary under 6 R. Stat. § 132.102.
Disposition Upon an Information or Indictment. Where a person is arrested subsequent to a criminal information or an indictment, the person shall be booked and delivered to a Department of Corrections facility, and held within the custody of the Department of Corrections until the pre-trial detention period expires, as provided by 6 R. Stat. § 131.202 and Rule 7.1(2). Where a person so held is found not guilty of the offense, the person is entitled to an expungement of the pre-trial detention record, as provided by 6 R. Stat. § 131.202(a).
Presentment. A person arrested upon an accusatory instrument shall be brought before the court for arraignment as provided by Rule 7(1).
Arrest of an On-Duty Law Enforcement Officer. No on-duty law enforcement officer shall arrest, cite, or detain another on-duty law enforcement officer except where one of the circumstances stated in 6 R. Stat. § 131.901 has been met, namely:
the arresting, citing, or detaining officer is acting under the direction of the Attorney General’s Office;
the arresting, citing, or detaining officer is a member of the Internal Affairs Division, or of another body dedicated to the enforcement of department policy, as the officer subject to such action;
the arresting, citing, or detaining officer holds a supervisory position within the same agency as the officer subject to such action;
the officer subject to the detention, arrest, or citation belongs to a different law enforcement agency and prior consent has been obtained from that agency’s command members; or
the officer is acting in a rogue capacity and poses an immediate threat to public safety, or is actively committing an offense that poses a severe threat to life, and there is no reasonable opportunity to seek agency consent without compromising public safety or the integrity of the response.
Arrest of an On-Duty Civil Service Employee. No on-duty law enforcement officer shall arrest, cite, or detain an on-duty civil service employee except where one of the circumstances stated in 6 R. Stat. § 131.902 has been met, namely:
the arresting, citing, or detaining officer is acting under the direction of the Attorney General’s Office;
the arresting, citing, or detaining officer is acting under direct orders from a supervisory official who has authority over the civil service employee’s department or agency;
the arresting, citing, or detaining officer has obtained prior consent from a supervisory member of the civil service employee’s department or agency; or
the civil service employee is actively engaged in criminal conduct which constitutes an immediate threat to public safety, or involves an offense posing a severe threat to life, and there is no reasonable means of obtaining supervisory consent without endangering public safety or compromising the immediacy of the law enforcement response.
Penalty. Any law enforcement officer who violates subdivision (10) or (11) of this rule, or who coordinates or is involved in the coordination of such an arrest, citation, or detention, is guilty of Official Misconduct, as provided by 6 R. Stat. § 131.903.
Effect of an Unlawful Arrest. An arrest made in violation of this rule does not of itself bar the prosecution of the offense or deprive the court of jurisdiction over the defendant. The remedies for an unlawful arrest are a motion to suppress under Rule 13.1, a motion to dismiss under Rule 13(3), a motion by the Attorney General to vacate the arrest under 6 R. Stat. § 131.608, and such discipline or prosecution as the law provides.