NCJ Number
94593
Journal
Michigan Police Officer Volume: 9 Issue: 3 Dated: (January 1984) Pages: 31-36
Date Published
1984
Length
6 pages
Annotation
This article describes the Michigan statutory criteria for a warrantless arrest in a domestic assault situation, the data required to establish such criteria, and police procedures for arrival at the scene, the arrest, lodging and bond, report writing, and followup aid to the victim.
Abstract
Under Michign law, police officers on the scene of a domestic violence assault must determine two vital elements before an arrest for a misdemeanor assault they did not witness: (1) that there is reasonable cause to believe an assault did occur as defined in the statutes and (2) that there is reasonable cause to believe that the person committing the assault is the spouse, former spouse, or a person residing or having resided in the same household as the victim. The officer should interview the victim away from the attacker and obtain a statement on the facts necessary for a prosecution of assault. If the subject is not on the scene, the officer must decide if an arrest will be made when the subject is located. Factors to be considered in determining if an arrest should be made after considerable time has elapsed since the assault are the seriousness of the alleged assault as measured by the extent of victim injury and the weapon alleged to have been used, as well as the continued vulnerability of the victim. As a general rule, a warrantless arrest should not be made after the point in time when the prosecutor could have reviewed the complaint. Other information included in the article covers procedures to be followed by officers upon arrival at the scene; arrest procedures, including arrest at the scene and away from the scene; procedures to be followed at the jail after arrest; factors to be considered in determining bond; writing a report of the incident; and procedures to be followed by an officer in providing followup aid to victims of domestic assault.