NEW ALBANY POLICE DEPARTMENT - New Albany, Ohio
NEW ALBANY POLICE DEPARTMENT - New Albany, Ohio NEW ALBANY POLICE DEPARTMENT - New Albany, Ohio
If the arrest is for a misdemeanor offense: The arrestee will be transported to the Police Department where an inquiry will be made as to whether bond can be taken on behalf of the issuing agency. If bond can be taken, a U-10-100 will still be completed. The arrestee will then be taken to the New Albany Clerk of Court’s Office for payment of the other agency bond. If the Clerk of Court’s Office is closed, a Dispatcher will take the bond and provide the arrestee with a receipt and appearance information on the prescribed bond form utilizing the address for the court with jurisdiction over the charge. If bond cannot be taken for the offense and the agency wishes to extradite the arrestee to their jurisdiction, a supervisor or his/her designee will read the prescribed Waiver of Extradition Form (PD-00-218) (see Addendum A) and explain the options of waiving extradition or exercising the right to a local hearing. If the arrestee waives his/her right to a hearing in Franklin or Licking County (as appropriate), the arrestee must sign the waiver of extradition. The appropriate jurisdiction will be notified by the on duty supervisor (or his/her designee). A LEADS teletype will also be sent by the Dispatcher. The responding agency will be given six hours to arrive to take possession of the prisoner. If the agency cannot arrive within six hours, the prisoner will be transported to the appropriate (Franklin or Licking) County Jail to await the arrival of the responding agency. The Waiver of Extradition will be forwarded with the prisoner and a copy retained for the Police Department files. If the arrestee does not waive extradition, a U-10-100 is prepared and the prisoner transported to the appropriate (Franklin or Licking) County Jail for a pending extradition hearing before the appropriate (Franklin or Licking) County Municipal Court. A Dispatcher will send a LEADS teletype notifying the originating agency of the prisoner’s disposition. If the arrest is a result of an out of state warrant, the prisoner will be brought to the Police Department after the warrant has been verified and a LEADS teletype sent to the originating agency. If the requesting State desires extradition proceedings, the prisoner will be transported to the appropriate (Franklin or Licking) County Jail with a completed U-10-100 pending the approval of a Governor’s Warrant. C. Time Requirements Except as provided in Ohio Revised Code §2935 (which allows the court to withdraw a misdemeanor charge not served within two (2) years of the date of issue) warrants have no expiration date and, provided legal process was begun in a timely fashion as provided by Ohio Revised Code §2901 or provided process has been served, warrants may be served at any time or place as outlined in Ohio Revised Code and Ohio Criminal Rules of Procedure. D. Pick-up Radius Dispatchers will enter all Mayor’s Court and Municipal Court (Franklin and Licking counties) Warrants into the LEADS computer. All warrants will be assigned a pick-up radius as mandated by LEADS. The pick-up radius is to be assigned in the following manner: All traffic and bench warrants will have a pick-up radius of Franklin/Licking County and adjacent (4). Non-violent criminal misdemeanor warrants will have a pick-up radius of Franklin/Licking County and adjacent (4). 3
Violent criminal misdemeanor warrants will have a pick-up radius of anywhere in the State of Ohio (2). Violent misdemeanors are offenses such as assault and domestic violence. They are not offenses in which violence is threatened. Felony 5 and Felony 4 warrants will have a pick-up radius of anywhere in the State of Ohio (2). Felony 3, 2, 1 warrants will have a nationwide pick-up radius (1). E. Forcible Entries An officer shall not forcibly enter a residence to serve a summons or subpoena. An officer is permitted to use force to enter a residence to execute an arrest warrant if all of the following apply (see O.R.C. §2935.12): The person named in the arrest warrant is physically in his/her residence. The residence is the same as that listed on the warrant. Notice of arrest is given and admittance is denied. Other reasonable alternatives have been exhausted. The on duty supervisor has been notified. Whenever possible, the police agency having jurisdiction will be notified and will be on scene before entry is made. Forcible entry is not permitted if the person named in the warrant is in another person’s home. Consent from the owner or person authorized to give consent will be obtained prior to entry unless an officer has obtained a search warrant to search the prescribed residence. F. Summons in Lieu of Arrest G. Bond Pursuant to the Ohio Rules of Criminal Procedure Rule 4 (A)(2), a summons may be issued in lieu of executing a misdemeanor arrest warrant if it appears reasonably certain that the defendant will appear in court. A supervisor shall approve the issuance of a summons in lieu of executing an arrest warrant by noting on the warrant and return that the warrant was executed by issuing a summons. All Misdemeanor New Albany Mayor’s Court Warrants will have either a payout amount or bond amount indicated in the warrant jacket. If the subject is arrested based on New Albany Mayor’s Court warrant, they are to be taken to the New Albany Mayor’s Court Clerk of Courts office to post bond or to post the payout amount. If the New Albany Mayor’s Court Clerk of Courts is closed, then the bond or payout amount shall be posted with the Dispatcher. No partial payments of bonds or payouts will be accepted without the prior authorization of the Clerk of Courts. Visa, Master Card, or cash are acceptable forms of payment for bonds and payouts. Receipts are to be completed when bonds and payouts are accepted. Personal checks may only be accepted for citation payments/fines. 4
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Violent criminal misdemeanor warrants will have a pick-up radius of anywhere in<br />
the State of <strong>Ohio</strong> (2). Violent misdemeanors are offenses such as assault and<br />
domestic violence. They are not offenses in which violence is threatened.<br />
Felony 5 and Felony 4 warrants will have a pick-up radius of anywhere in the<br />
State of <strong>Ohio</strong> (2).<br />
Felony 3, 2, 1 warrants will have a nationwide pick-up radius (1).<br />
E. Forcible Entries<br />
An officer shall not forcibly enter a residence to serve a summons or subpoena.<br />
An officer is permitted to use force to enter a residence to execute an arrest warrant if all<br />
of the following apply (see O.R.C. §2935.12):<br />
<br />
<br />
<br />
<br />
<br />
<br />
The person named in the arrest warrant is physically in his/her<br />
residence.<br />
The residence is the same as that listed on the warrant.<br />
Notice of arrest is given and admittance is denied.<br />
Other reasonable alternatives have been exhausted.<br />
The on duty supervisor has been notified.<br />
Whenever possible, the police agency having jurisdiction will be notified and<br />
will be on scene before entry is made.<br />
Forcible entry is not permitted if the person named in the warrant is in another person’s<br />
home. Consent from the owner or person authorized to give consent will be obtained<br />
prior to entry unless an officer has obtained a search warrant to search the prescribed<br />
residence.<br />
F. Summons in Lieu of Arrest<br />
G. Bond<br />
Pursuant to the <strong>Ohio</strong> Rules of Criminal Procedure Rule 4 (A)(2), a summons may be<br />
issued in lieu of executing a misdemeanor arrest warrant if it appears reasonably certain<br />
that the defendant will appear in court. A supervisor shall approve the issuance of a<br />
summons in lieu of executing an arrest warrant by noting on the warrant and return that<br />
the warrant was executed by issuing a summons.<br />
All Misdemeanor <strong>New</strong> <strong>Albany</strong> Mayor’s Court Warrants will have either a payout amount<br />
or bond amount indicated in the warrant jacket. If the subject is arrested based on <strong>New</strong><br />
<strong>Albany</strong> Mayor’s Court warrant, they are to be taken to the <strong>New</strong> <strong>Albany</strong> Mayor’s Court<br />
Clerk of Courts office to post bond or to post the payout amount. If the <strong>New</strong> <strong>Albany</strong><br />
Mayor’s Court Clerk of Courts is closed, then the bond or payout amount shall be posted<br />
with the Dispatcher.<br />
No partial payments of bonds or payouts will be accepted without the prior authorization<br />
of the Clerk of Courts. Visa, Master Card, or cash are acceptable forms of payment for<br />
bonds and payouts. Receipts are to be completed when bonds and payouts are<br />
accepted. Personal checks may only be accepted for citation payments/fines.<br />
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