The University of North Carolina at Greensboro
Police Department
General Order 2-3.1 Arrest
  1. Basis for Arrest

    Officers shall conduct arrests only when based upon either probable cause or an arrest warrant. Probable cause for arrest may be established by one of the following: observations of the officer, information or evidence obtained during an investigative detention (Terry stop) or during a consensual encounter, an identified citizen’s specific complaint, information provided by a police informant of proven reliability, or information provided by other law enforcement sources. Officers shall not make any arrest based solely upon information received from an anonymous source or mere suspicion, not amounting to probable cause.

    Except when a warrantless arrest is justified by the existence of probable cause, arrests shall be made under an arrest warrant. Arrest warrants shall be obtained from the judge, magistrate, or other legal authority empowered to issue such warrants in this jurisdiction. Such warrants shall be in the form prescribed by the law and shall adequately identify the person to be arrested. The warrant shall also provide such other information as is required by law. Any officer to whom an arrest warrant is delivered shall examine it to ensure that it is in proper form, that all information required by law is provided, and that the warrant appears to be valid. The officer shall also take note of any restrictions placed upon the arrest by the language of the warrant. Once received, an arrest warrant shall be executed without delay, except as otherwise may be required by the circumstances of the case. No arrest shall be made at a time or in a manner contrary to any express limitations included in the warrant. In addition, no arrest shall be made in a manner or at a time or place prohibited by any of the following: departmental regulation, state or local legislation, or applicable court decisions.

    Wherever possible, arrests shall be planned in advance in consultation with a supervisor or other experienced officers. Where advance planning and consultation are not possible, the arrest shall be made in accordance with the arresting officer’s departmental training. Arrests shall be made at a time and place and in a manner that will maximize the probability of a successful arrest and minimize the danger to officers and innocent bystanders. Whenever possible, arrests shall be made in a location where the arrest will not pose a threat to the safety of the public (e.g., not in crowded places where bystanders may be injured should the arrestee offer resistance, particularly resistance involving the use of firearms). No officer shall enter premises owned or occupied by a third person to make an arrest unless the officer has a separate legal basis for entering the premises. Such a basis may be provided by any of the following: possession by the officer of a search warrant for those premises, consent of a person empowered by law to give such consent, or exigent circumstances.
  2. Use or Show of Force During Arrest

    Officers shall use only that level of force that they reasonably believe is necessary to make an arrest in accordance with this department’s use of force policy. Weapons shall be displayed during an arrest only where it is reasonably believed necessary to ensure the safety of the officers or others and the successful completion of the arrest. Pointing a firearm at a suspect is governed by the use of force policy.
  3. Informing/Mirandizing Arrestees

    The arresting officers must identify themselves, inform the suspect of their arrest, and specify the charges for which the arrest is being made. Officers not in uniform shall display their badges and credentials when making the arrest to ensure proper identification. Arrestees shall be advised of their Constitutional rights through the Miranda warning before any questioning. The Miranda warning should, whenever reasonably possible, be read verbatim from a standardized departmentally approved form. A waiver of the rights must be obtained before any questioning of an arrestee can begin. The waiver must be unambiguous, that is, clearly stated or conveyed to interrogating officers. Failure to make an explicit, affirmative invocation of these rights, by remaining silent or through other ambiguous means, does not constitute an invocation of Constitutional rights.

    If the suspect waives their Constitutional rights as indicated in the Miranda warning, they shall be requested to sign the departmental waiver form. Failure to sign shall be noted on the form by the interrogating officer and does not, in itself, preclude officers from proceeding with an interrogation. If the arrestee has not waived their rights, no questioning shall be conducted beyond that necessary to accomplish the booking procedure (name, address, and so forth). If the arrestee declines to waive their right to counsel, or if the arrestee, after waiving that right, elects to reassert it, questioning must cease immediately and no further questioning may be conducted with regard to the crime for which the arrest was made, for any other crime, or by any other law enforcement agency unless: an attorney representing the arrestee is present during questioning, the arrestee voluntarily initiates a further interview, or the arrestee has been subject to a break in custody of 14 days or more. If the arrestee has not waived their rights, officers in the presence of the arrestee shall refrain from engaging in conversation among themselves that is calculated to elicit incriminating statements or admissions.
  4. Arrestee Requests

    Following the arrest, officers shall not permit arrestees to leave the immediate area of the arrest for personal purposes (e.g., to get a coat). In exceptional cases where it is deemed necessary to grant the arrestee’s request, the arrestee shall first be searched for weapons and then be accompanied and closely monitored by the arresting or other officers.
  5. Safety Precautions

    Officers shall approach every arrest situation with the knowledge that any arrest, regardless of the offense involved may present an element of danger. Therefore, officers making arrests shall take all reasonable precautions to ensure their own safety. All arrested persons shall be handcuffed after being taken into custody, except as otherwise provided by departmental policy.

    Other lawful forms of restraint may be used when necessary and reasonably available for the safety of officers, prisoners, and others. Arrestees shall not be restrained in the four-point restraint unless the arrestee is uncontrollable by other means readily available. A four-point restraint is defined as the hands and ankles bound behind an individual’s back. If a four-point restraint is deemed necessary, the arrestee shall be placed on their side once bound and monitored for potential physical problems, such as difficulty in breathing.

    Officers shall conduct a thorough search of the person arrested. Any criminal evidence discovered during the search of the arrestee’s person shall be seized and preserved in accordance with standing departmental procedures. The search incident to arrest shall include not only the person of the arrestee, but also areas within the reach and control of the arrestee.

    Strip searches shall not be conducted in the field except under the most extreme circumstances and with prior approval from a supervisor. Any officer conducting a strip search of an arrestee in the field shall be prepared to justify the reasons for such a search and to document those reasons in a subsequent written report.

    Body cavity searches shall not be conducted in the field. Whenever possible, searches incident to arrest shall be conducted by officers of the same gender as that of the person being searched.

    Protective sweeps of the premises or area where the arrest occurs shall be performed to ensure that no other persons or weapons are present that may represent a danger to the officers or the arrestee.

    Officers shall be aware that, following an arrest, they are legally responsible for the safety of the arrestee, any victims present, and all bystanders. Therefore, officers shall take all steps reasonably necessary to protect themselves and other officers from the arrestee, victims and third persons from the arrestee, and the arrestee from self-injury or injury by others. In particular, officers shall not allow victims into close proximity with the arrestee and shall prevent bystanders from approaching the arrestee until they are transported from the scene. In addition, officers shall not allow the arrestee out of their immediate presence for any reason until the arrestee is properly secured and transported.
  6. Transportation of Arrestees

    All arrestees shall be searched before being transported and whenever custody of the prisoner is transferred to another officer. All arrestees shall be handcuffed or otherwise restrained during transportation in accordance with departmental policy. Before an arrestee is transported, the transporting vehicle to be occupied by the arrestee must be searched for articles, including articles that may have been left behind by previous arrestees that may present a hazard to the transporting officers. Security devices in the transporting vehicle, such as door locks and security screens, shall be checked to be certain that they are operating properly. Officers shall seat arrestees in the vehicle in accordance with departmental policy. All arrestees shall be safely restrained with seat belts.
  7. Arrest of Juveniles

    All officers shall be aware that the arrest, the transportation, and the booking of juveniles are subject to special legal requirements. Officers shall be familiar with and observe these special requirements at all times when arresting juveniles.
  8. Alternatives to Arrest

    As authorized by G.S. §160A-285, campus law enforcement officers are empowered to enforce all state laws, city ordinances or regulations, and to serve criminal and civil processes that may be directed to them by the General Court of Justice. All officers will be permitted to apply professional and impartial discretion in situations involving investigative and arrest procedures. Further, officers are permitted to use several alternatives to the physical arrest of violators. These alternatives include the issuance of citations or the use of criminal summonses in certain non-violent criminal situations. Other less serious violations may allow the use of written/verbal warnings or referral of an individual to a social service agency. In all cases involving currently enrolled students, officers may choose to charge those students using the university’s referral process instead of, or in addition to, any criminal proceedings.

    Statutory requirements, legal precedent and contemporary public opinion may be considered when exercising discretion. The use of discretion shall be sharply limited in felony situations. Greater latitude of discretionary judgment will be permitted in the investigation of misdemeanor, local ordinance, and university regulation offenses.
  9. Release after Arrest

    If, after an arrest, it becomes apparent that there is no probable cause to hold the arrestee, they may be released when the officer is satisfied that there are insufficient grounds for making a criminal complaint against the person arrested or the decision is made by a supervisor. If the person is released, police shall ensure that the person is released at a safe location and is not otherwise placed at risk as a result of the incident. If necessary, police should provide transportation for the released person to a safe location. Any record of arrest of a person released shall include a record of release that classifies the incident as a “detention” rather than an arrest.
  10. Arrest With a Warrant

    When an officer has possession of a warrant, they may arrest the person named at any time and at any place within the UNCG Police Department's jurisdiction. An officer in possession of a warrant for an offense that occurred within the department's jurisdiction may arrest the individual named in the warrant anywhere within the corporate limits of the City of Greensboro, pursuant to the formal agreement between the UNCG Police Department and the City of Greensboro Police Department. (G. S. §15A-401(a)(1)).
  11. Warrant Not in Possession of Officer

    An officer who has knowledge that a warrant for arrest has been issued and has not been executed but who does not have the warrant in their possession may arrest the person named in the warrant at any time and at any place within the officer's jurisdiction. It is the responsibility of the officer to ensure that the warrant is "in hand" and available to be served before making an arrest. The arresting officer must then inform the person arrested that the warrant has been issued and serve the warrant upon the arrestee as soon as possible. (G. S. §15A-401(a)(2)).
  12. Arrest Without a Warrant

    An officer may arrest without a warrant when the officer has probable cause to believe that the person to be arrested has committed a criminal offense in the officer's presence.

    An officer may arrest without a warrant any person who the officer has probable cause to believe:

    • Has committed a felony; or
    • Has committed a misdemeanor, and:
      • will not be apprehended unless immediately arrested; or
      • may cause physical injury to themselves or others, or damage to property unless immediately arrested.
    • Has committed a misdemeanor under G.S. §14-72.1(Concealment of Merchandise), G.S. §14-134.3 (Domestic Criminal Trespass), G.S. §20-138.1 (DWI) or G.S. §20-138.2 (Commercial DWI); or
    • Has committed a misdemeanor under G. S. §14-33(a)(Simple Assault), G.S. §14-33(c)(1)(Assault that Inflict Serious Injury or Uses a Deadly Weapon), and G.S. §14-33(c)(2) (Assaulting a Female), they being at least 18 years of age; or G.S. §14-34 (Assault by Pointing a Gun) when the offense was committed by a person who the alleged victim has a personal relationship as defined in G.S. §50B-1 (Domestic Violence); or
    • Has committed a misdemeanor under G.S. §50B-4.1 (Violation of a Valid Protective Order); or
    • Has violated a pretrial release order under G.S. §15A-534 or G.S. §15A-534.1(a)(2).
  13. Warrant Service Outside the Corporate City Limits of Greensboro

    In accordance with G.S. §15A-401(a)(2), officers will not arrest for warrants outside of the corporate city limits of Greensboro (e.g. Guilford County or High Point). The arrest must be made by an officer with territorial jurisdiction.
  14. Fugitives

    If an officer requests a wanted person check through DCI/NCIC and Communications receives a "hit", the officer has grounds to temporarily detain the person. During that detention, Communications will send a"Hit Confirmation Request" to the originating agency to verify the existence of an outstanding warrant. If confirmed, the officer may arrest that person and seek a fugitive warrant from the Magistrate. Out-of-State warrants also require the originating agency to verify, in writing, their intent to extradite. The Magistrate will only issue a fugitive warrant for an out-of-state warrant if the originating agency intends to extradite. Hit confirmation and verification must be made prior to taking any person into custody.

    The arresting officer must take copies of the "hit confirmation" before the Magistrate for a probable cause hearing. A follow-up message should be sent to the originating agency after the conditions of release have been set and who to contact for additional information.
  15. Military Absence Without Leave (AWOL)

    With proper verification from military authorities, an officer may arrest a person who has been declared AWOL from military service. The only acceptable verification is an NCIC message from the military branch acknowledging that the person is AWOL and that the military branch will assume custody of the person within a reasonable time. Each suspected AWOL must be checked through NCIC prior to arrest, and the officer must present a copy of the NCIC message to Guilford County Jail personnel when committing the person to their custody.

    Military authorities occasionally issue an "Absent Without Leave" notice (DD-553) to initiate the search for an AWOL in a particular jurisdiction. This is not a legal document and must be supported by an NCIC confirmation prior to the arrest of the AWOL person. The AWOL arrestee need not be taken before a Magistrate, but incident and arrest reports are required.
  16. Compliance with Constitutional Requirements

    When making arrests or conducting criminal investigations, officers will take all precautions necessary to ensure that all persons involved are afforded their constitutional safeguards. Officers will ensure that:
    • All statements or confessions are voluntary.
    • All persons are advised of their rights in accordance with the "Prisoner Transport and Restraint" section in this General Orders Manual.
    • All arrested persons are taken promptly before a magistrate to set conditions of release.
    • All persons accused or suspected of a criminal violation for which they are being interrogated are afforded the opportunity to consult with an attorney if they wish.
    • Prejudicial pretrial publicity of the accused is avoided so as not to interfere with the defendant's right to a fair and impartial trial.
  17. Arrest Documentation

    In order to document the charging and incarceration of individuals, incident and arrest reports are required for all misdemeanor and felony charges including warrants, criminal summons, and court orders. Misdemeanor traffic charges without incarceration does not require a report (e.g. fictitious tags). In accordance with G.S. §15A-502, officers will take or cause to be taken a photograph of all subjects arrested and will attach the photograph to the report via the records management system. Additionally officers will ensure that the arrestee's information is entered in the department's RMS.