HomeMy WebLinkAboutCode Master Project 1978: Chapter 603: Arrest Procedure (No Change) CHAPTER 603
ARREST PROCEDURE
Sec. 603 . 01 Process following Arrest. Upon making an
arrest for a violation of this Code or of Florida Statutes
conferring jurisdiction, any police officer shall do the
following prior to releasing the person from custody.
(A) He shall take the name, address of residence, and
mailing address of the alleged violator. If the offense
involves the use of a motor vehicle, the officer shall
additionally take the operator license number of the
alleged violator and the registration number of the vehicle
involved.
(B) He shall issue to the alleged violator a citation or
notice in writing on a form provided by the City Clerk to
answer to the charge stated therein at the next regular
session of a court of competent jurisdiction.
(C) He shall obtain a written promise by the alleged
violator that said violator will answer as specified in
the citation or notice on the required date.
[Ord. No. 1-72 , § 1 , 1 Feb. 1972]
Sec. 603 . 02 Police Authorized to Detain following Arrest.
(A) In every case where a willful, wanton, and deliberate
violation of law has occurred, the alleged violator may be
detained by the Police Department until he is arraigned
before a magistrate or judge of competent jurisdiction or
he is released in accordance with § 603 . 03 , below.
(B) In every case where an arrest occurs under both § 316.028,
Fla. Stat. (persons under influence of intoxicating liquor
or drugs) and § 316 . 029, Fla. Stat. , (reckless driving) ,
or it appears doubtful that the violator will appear pursuant to
the process of § 603 . 01 , above, the alleged violator shall
be detained by the Police Department until he is arraigned
before a magistrate or judge of competent jurisdiction or
he is released in accordance with § 603 . 03 , below.
[Ord. No. 1-72 , § 1, 1 Feb. 1972]
Sec . 603 . 03 Release from Detention.
(A) Any person detained pursuant to § 603 . 02 , above, may
obtain his release by posting such bond as to insure his
appearance for arraignment.
(B) Any person detained pursuant to § 603 . 02 (B) , above,
may, at the discretion of the arresting officer, obtain
his release without posting bond if said person agrees to
the impounding of the vehicle operated by the violator in
accordance with §§ 681 . 01 , 681. 02 .
(C) Any person detained pursuant to § 603 . 02 (B) , above,
may, at the discretion of the arresting officer, obtain
his release without posting bond if said person agrees
to surrender his state operator' s license until his appear-
ance for trial and the payment of such fine as may be ass-
essed against him.
[Ord. No. 1-72 , §§ 1, 2 , 1 Feb. 1972]
Sec. 603. 04 Violations of Procedure. Any police officer
violating any of the provisions of this Chapter shall be
guilty of misconduct in office and subject to disciplinary
action. [Ord. No. 1-72 , § 1 , 1 Feb. 1972]