10.1.7.030 ARRESTS – MANDATORY AND DISCRETIONARY

A. Abuse or Assault. An Officer shall arrest and take into custody any person, or shall detain a non-Indian, whom the Officer has Probable Cause to believe has committed Abuse or assault of an Elder with whom he/she is currently residing or has formerly resided. A warrant shall not be required to make an arrest or to detain a person under this section. "Probable Cause" for purposes of this Section 2 shall be defined as follows: Based on the officer's observations and statements made by the parties involved and witnesses (if any), the Officer believes abuse or an Assault did occur and the person to be arrested committed the Assault. This mandatory provision means that the victim need not sign a complaint for a person to be arrested or detained, and that, upon finding Probable Cause, an Officer shall arrest or detain the person even though it may be against the expressed wishes of the victim.

B. Violation of an Order of Protection. An Officer shall arrest and take into custody any person, or shall detain a non-Indian, whom the Officer has Probable Cause to believe has violated an Order of Protection restraining the person or excluding the person from the residence or other location if the existence of the Order can be verified by the Officer regardless of whether the person violating the Order was invited back into the residence or other location. The restrained or excluded person shall not return to residence or other location even if the protected party makes or has made an invitation to return unless and until the Court has officially vacated or modified the Order of Protection accordingly. Every Order of Protection issued by the Court shall inform the restrained or excluded person that the Court must formally vacate or modify the Order to allow such person to return even if the protected party who obtained the Order of Protection makes or has made an invitation for the excluded or restrained person to return.

C. Threats with a Weapon. Upon a finding of Probable Cause, an Officer shall arrest a person or detain a non-Indian who has threatened an Elder with a weapon.

D. Fear of Bodily Harm. An Officer may arrest any person or detain a non-Indian if the Officer has a Probable Cause to believe that the person has within the past twenty-four hours placed an Elder in immediate fear of bodily harm.

E. Exploitation. An Officer may arrest a person if an Officer has a Probable Cause to believe that the person has committed Exploitation against an Elder.

F. Reporting. Whenever an Officer investigates an allegation of an incident described in (A), (B), (C), (D), or (E) above, whether or not an arrest is made, the Officer shall make a written report of the alleged incident and submit that report to the Prosecutor. The Prosecutor shall forward copies of all written reports to the Adult Care Services Worker in the Department of Social Services within forty-eight (48) hours of receipt of reports of Elder Abuse or Exploitation.

G. Following an arrest or detention pursuant to this Section 3, the provisions of Section 4.a. of this Act shall apply.