Lakewood Police Department
Policy and Procedure
Discretion 		Effective Date: 10/15/2010
Policy Number: PP-1068
  1. Policy

    Sworn employees, of necessity, exercise professional discretion in deciding whether or not to arrest citizens for violations of the law. Other specific laws, department policies, or orders of a supervisor may further limit agents' discretion and direct whether or not to effect an arrest.
  2. Procedure 
    1. In general, agents, using sound professional judgment, may take the following factors into consideration when deciding whether or not to arrest a citizen: 
      1. The seriousness and nature of the offense (generally, the more serious the offense, the more likely arrest is the preferred course of action); 
      2. The potential that arrest will effectively aid in the resolution of a conflict; 
      3. The availability of legal alternatives to arrest that would adequately resolve the conflict or problem; 
      4. The likelihood that the citizen will be deterred from future violations by warning and education; 
      5. The officer's belief that the citizen made an honest mistake in violation of the law; 
      6. The victim-witness's interest in prosecution; 
      7. The likelihood of formal prosecution of the offense; 
      8. The potential that arrest will create more serious breaches of the peace or other problems (e.g., inciting riot); 
      9. Legitimate competing priorities for police resources; and, 
      10. The agent's belief that the arrest will protect members of the community and/or the citizen. 
    2. The following factors are among those that are improper for a police agent, and non-sworn employees with the authority to enforce municipal ordinances, to consider in deciding whether or not to make an arrest: 
      1. The citizen's economic status, race, ethnicity, gender, or other status for which the law prohibits legal discrimination; 
      2. The revenue likely to be generated by fines or penalties imposed upon conviction; 
      3. The personal or professional relationship that the citizen has with the police officer or with other influential citizens; and, 
      4. The personal advantage to the officer for processing or avoiding processing of the arrest (e.g. overtime compensation, desire).
    3. Non-sworn employees with the authority to enforce municipal ordinances and issue citations are bound by these guidelines in carrying out their official duties.