3.7.1 - Lawful Contacts, Detention & Arrest
Officers shall distinguish between voluntary contact, investigative detention, and arrest. Officers may not initiate or continue a detention or arrest without the legal justification required by applicable San Andreas law and controlling DPS policy.- Voluntary contact: The person is not detained and may leave unless lawful grounds for detention arise.
- Investigative detention: A temporary hold must be supported by the legal grounds required for that detention. When safe and practical, officers shall tell the person they are being detained and the reason for the detention.
- Arrest: An officer must have probable cause or another legally valid basis for the arrest.
3.7.2 - Taking a Person into Custody
When making an arrest, officers shall:- Clearly communicate the custody status and the reason for arrest when safe and practical.
- Use only force and restraints justified by the circumstances and the Full Use of Force Policy.
- Secure weapons and other immediate safety hazards through lawful, authorized procedures.
- Inform the person of the charges being pursued as required by applicable DPS and DOJ procedures.
- Provide the Miranda warning in accordance with Department procedure and applicable law, including before custodial interrogation when required. Officers shall not treat the warning as a substitute for legal grounds to arrest.
3.7.3 - Searches, Property & Evidence
Searches of persons, vehicles, and belongings must follow the applicable Search, Seizure & Evidence policies. An arrest does not grant unlimited authority to search unrelated people or locations.- Conduct a lawful and appropriate custody/transport safety search before transport.
- Secure and separately document weapons, contraband, and items taken as evidence.
- Record property and evidence in the approved MDT or evidence system, including required chain-of-custody information.
- Return lawful personal property when required by the applicable booking, release, or property procedures; do not return items that must remain secured for safety or lawful evidentiary reasons.
3.7.4 - Detainee Safety & Medical Needs
Officers responsible for detainees shall take reasonable steps to prevent avoidable injury and promptly request medical assistance when needed. Relevant injuries, complaints, impairment, medical concerns, or use-of-force aftercare requirements must be communicated to receiving personnel. Restraints shall be monitored and adjusted as required by the Full Use of Force Policy and Department training.3.7.5 - Transport
Detainees may only be transported in a vehicle and manner authorized under DPS vehicle, restraint, and transport policies. Officers operating a unit without a required prisoner transport cage are not permitted to transport detainees. Any exception must be expressly authorized by controlling DPS policy. Before transport, officers shall conduct the required custody safety check and confirm that the detainee, restraints, and secured property are accounted for. The transporting officer remains responsible for custody until a valid transfer has been completed.3.7.6 - Transfer, Booking & Processing
When transferring a detainee to another officer or an authorized facility, officers shall communicate:- Identity, when known, and the legal basis for detention or arrest.
- Charges and relevant incident or warrant references.
- Immediate safety concerns, known injuries, medical needs, and significant force used.
- Seized evidence, secured property, and required follow-up.
3.7.7 - Reporting & Review
Officers shall complete required MDT entries and reports promptly and accurately, documenting:- The facts establishing the detention or arrest basis.
- Relevant chronology, charges, and custody decisions.
- Any reportable force and associated medical assistance.
- Searches, evidence, and property disposition.
- Transport, booking, transfer, release, or other final custody disposition.
This section establishes general arrest and custody responsibilities. Controlling DPS policies on searches, evidence, use of force, warrants, juvenile or special custody procedures, and DOJ booking requirements take precedence where more specific standards apply.
3.7.8 - Charging & Charge Stacking (Amendment A1)
Under Amendment A1 (September 23, 2025), officers may apply no more than one charge per unique offense tier for a single criminal act. Historical tiers include Felony I–IV, Misdemeanor, and Infraction; the amendment permits a maximum of four felony tiers when each is independently supported. Officers must not duplicate charges of the same tier for the same act. Charges shall be communicated to the suspect at sentencing as required by the amendment.This is a specific legacy charging rule, not permission to charge unsupported offenses. DOJ may have more recent controlling charging guidance; verify before replacing an active rule.