LIMITS OF AUTHORITY 1.2
TEQUESTA POLICE DEPARTMENT
GENERAL ORDER
TITLE: LIMITS OF AUTHORITY
GENERAL ORDER: 1.2
EFFECTIVE: October 1, 1998
RESCINDS: PO 400.01, 400.02, 400.03 (October 1, 1997)
PAGES: 3
CONTENTS:
This order consists of the following numbered sections:
I. STATUTORY AUTHORITY
II. OFFICER DISCRETION
III. RELEASE ON SIGNATURE
IV. ALTERNATIVES TO ARREST
V. GLOSSARY
PURPOSE:
To define the scope and limits of the agency’s law enforcement authority and to provide guidelines
for the use of that authority.
SCOPE:
This order applies to all law enforcement members.
DISCUSSION:
The first duty of a law enforcement officer as enforcer of the law, is to know the bounds the
law established for its’ enforcement. The law enforcement officer represents the legal will of the community and,
therefore, must be aware of the limitations imposed.
POLICY:
Pursuant to Article IV, Section 4.02 of the Village of Tequesta Charter, the Chief of Police and
subordinate officers shall comply with and enforce all ordinances, laws, and rules relating to the powers and
duties of the department, and those officers may use judgment and discretion in the execution of their duties.
PROCEDURE: STATUTORY AUTHORITY:
Section 166.021, FS, authorizes municipal police officers
to enforce all state laws and Village ordinances. Police Officers in the Village of Tequesta shall:
A.
Be conservators of peace in their Village.
B.
Suppress tumults, riots, and unlawful assemblies in their Village with force and strong hand when
necessary.
C.
Apprehend, without warrant, any person disturbing the peace, and carry them before the proper judicial
officer, that further proceedings may be had against them according to law.2
D.
Have authority to command any person to assist them, when necessary, in the execution of the duties of
their office; and whoever, not being physically incompetent, refuses or neglects to render such assistance, shall
be punished by imprisonment in jail, not exceeding one year, or by fine not exceeding $500.
G.O. 1.2
E.
Perform such duties as may be imposed upon them by law.
II. OFFICER DISCRETION:
Section 901.15, FS, provides authority for law enforcement officers to make
arrests. Officers are cautioned to use discretion in the performance of their assigned duties, taking into
consideration the conditions present at the time, the constraints of existing policy, statutes, laws, and
ordinances pertaining to the situation, the available alternatives, and direction from supervisors.
A.
Persons arrested for misdemeanors, Village ordinance violations, or criminal traffic offenses, should be
released at the scene of arrest, upon execution of a promise to appear in court, rather than be booked in the
county jail, unless the arresting officer has specific grounds to justify physical arrest and booking.
B.
An accused who has been properly identified and refuses to sign a Notice to Appear or citation, or provide
sufficient information for a Notice to appear, shall be arrested, transported, and booked in the county jail.
C.
The decision regarding an arrest should be made after careful consideration of the following:
1.
Whether the arrest would cause a greater risk of harm to the public than not arresting the offender;
2.
Whether the offense can best be dealt with through informal warnings, such as warnings or talking with
the parents of a juvenile offender;
3.
The seriousness of the crime committed; and,
4.
Whether public empathy may be enhanced by careful use of discretion, and potential ill will can be
avoided.
III. RELEASE ON SIGNATURE:
If planning to release the defendant after securing a signature on the Notice
to Appear, the investigating officer shall obtain positive identification from the accused, and the following:
A. Adults:
The defendant’s name, date of birth, employer, and correct address; the correct statute or
ordinance; a thumbprint; and all required information.
B. Juveniles:
In addition to the above, include the name, address, and signature of a parent or custodian.
IV. ALTERNATIVES TO ARREST:
Not all offenses require the incarceration of the offender. Alternatives
to arrest and pre-arraignment confinement may be utilized. These include, but are not limited to, to the
following:
A.
The issuance of a citation, or Notice to Appear, for some misdemeanors or violations of ordinances, in
accordance with the guidelines of this order.
B.
Informal resolution of the problem.
C.
A verbal warning prohibiting the conduct.
D.
Referral of the subject to a community service organization.
E.
Release of a juvenile to the custody of a parent or legal guardian.
F.
Juvenile diversion programs.
G.
Baker Act procedures, which are outlined in the general order indexed as Baker Act and Marchman Act.
H.
Marchman Act procedures, which are outlined in the general order indexed as Baker Act and Marchman
Act.
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G.O. 1.2
V. GLOSSARY
AUTHORITY - the powers to enforce laws, determine, or judge; a person or group invested with this power.
DISCRETION - Freedom to act or judge on one’s own.
INDEXING:
ALTERNATIVES TO ARREST
AUTHORITY, LAW ENFORCEMENT
DISCRETION
LIMITS OF AUTHORITY
NOTICE TO APPEAR
OFFICER DISCRETION
DRAFTED:
RLG/December 1997/Filed: Limits1.2
APPROVED:
Pete Pitocchelli, Chief DATE: November 05, 2011
Tequesta Florida
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