General:
This section provides an explanation of the different types of arrest warrants likely to be encountered by Saint Paul Police Department officers and the procedures to be followed in executing and processing them. The execution or assistance in execution of all arrest warrants, including civil arrests, shall be performed only by sworn personnel.
The general warrant function is the jurisdiction of the Ramsey County Sheriffs Office. The Ramsey County Sheriffs Warrant Office is located in the Ramsey County Law Enforcement Center at 425 Grove Street. The office is staffed 24-hours a day, seven days a week to facilitate the disposition of warrants and to assist law enforcement officers in the processing of warrants.
Although the general warrant service function is the responsibility of the sheriffs office, all officers are reminded that arrest warrants are court orders directing law enforcement officers to take an individual into custody subject to the directions of the specific warrant being served. Therefore, it is the responsibility of members of this department to be vigilant for persons subject to arrest by virtue of an outstanding arrest warrant and to exercise due diligence in bringing these parties before the court.
Listed below in a general order of descending severity and priority for service are the various types of arrest warrants likely to be encountered by departmental officers. All officers are cautioned that any time a person is taken into custody the situation requires the exercise of extreme caution for the safety of individual officers, citizens and the subject of the warrant.
Criminal Warrants:
- Felony (adult & juvenile)
- Gross misdemeanor (adult & juvenile)
- Misdemeanor (adult & juvenile)
- Youth conservation commission warrants
- Bench warrants
- Writs
- Family court warrants
- Probate court warrants
Felony Warrants:
Felony warrants may be served at any time, and officers should exercise as much care as they would on an actual felony arrest. Persons arrested on a felony warrant may be bailable and if so, the officer may inform the person of the amount.
Writs:
Writs of attachment are issued by a court of record pursuant to a violation of a court order or an act of omission wherein the court had set forth certain schedules, sentences or restrictions. They may be served at any time.
Writs are not bailable unless a magistrate has so endorsed them and set a figure of bail.
Probate Court Warrants:
Probate court warrants are commitment warrants. Take the person to Regions Hospital. The deputy on duty will be able to obtain a hard copy of the warrant. (See Minnesota Statute 253B: Civil Commitment) May be served at any time.
Family Court Warrants:
Family court warrants are warrants that deal with separations, divorces, etc., and are usually served by the sheriffs office. If officers of this department serve this type of warrant, the subject is to be turned over to the sheriffs office for disposition. Maybe served at any time.
Bench Warrants:
Bench warrants are issued by the court for a person that had been arrested, bailed out, and then failed to show up for the scheduled court appearance. If bail is required, it will be posted on the face of the warrant by the district court issuing same. It may be served at any time.
Youth Conservation Commission (Y.C.C.) Warrants:
Y.C.C. warrants are the order of the director of the Y.C.C. of the Department of Corrections, and are written on state form Corr. 262. These warrants carry the same authority for execution as other warrants.
These warrants may be served at any time. These warrants are issued for the apprehension of escapees or for persons who have violated probation or parole. Persons up to the age of 25 years could be subject to a warrant of this type.
Juvenile Court Warrant:
Juvenile court warrants are issued from juvenile court, and may be served at any time. The warrant may be for juveniles or an adult.
Misdemeanor Warrant:
Maybe served only from 0800-2200 hours daily, but not on Sundays (unless a warrant is "Night capped" or unless the person named in the warrant is found on a public highway or street). Assume misdemeanors are not night capped unless the actual warrant so states.
Most traffic warrants (meter, equipment violation, speed, etc.) will call for a bail, but if the party can be prevailed upon to pay the listed bail, s/he may do so and no court appearance is necessary. This may be done at the Ramsey County Law Enforcement Center at 425 Grove Street. S/he will be issued a receipt; no further action will be taken on the charge unless the subject wishes to contest the charge which s/he may do by contacting the Traffic Violations Bureau the following day and they will arrange a court date.
If the warrant calls for bail and a court appearance, the party will be booked and then be allowed to bail out, and be issued a court appearance slip by the deputy receiving the bail.
Out-of-State Warrant:
Out-of-state warrants will normally be served by members of this department. Prior to taking a person into custody, the officer should verify the jurisdiction will extradite.
Out-of-County Warrants:
Warrants issued by a court in the State of Minnesota can be served by Saint Paul Police officers in the City of Saint Paul. These warrants will usually be acted on by the Ramsey County Sheriffs Warrant Unit, and if served, the party is held for the proper jurisdiction.
General Warrant Procedures:
If Saint Paul officers arrest a subject in Saint Paul and find there are warrants for the subject issued for another court, the officers will note in their report said information, and place a hold for their jurisdiction on the booking sheet. The corrections officer will notify the proper agency.
If officers on a traffic stop find there is a serviceable warrant for the subject, and the warrant calls for a court appearance, arrest the subject and book on the warrant. The arresting officer may add an additional offense (or offenses) as a result of the traffic stop and document these in the arrest report. At the officers discretion, a citation may be issued to the subject prior to booking and not placed a hold for the traffic offense.
When booking a prisoner into the Ramsey County Jail on a felony charge, any outstanding misdemeanor warrant(s) should be added to the booking card (the 48-hour or 36-hours rule will apply in these cases). When the suspect appears in court on the felony charge, the outstanding warrant will be addressed.
Warrant Field Arrest Procedures:
- Make inquiry by name via MTC, radio, phone to Ramsey County Emergency Communication Center data
- If response is negative, take whatever action justified by reason for original stop of person or vehicle.
- If an active warrant exists, the emergency communication center will call the Ramsey County Sheriffs Warrant Unit or other agency to validate existence of warrant and determine if it is night capped, and if court appearance is required.
- After verification of actual existence and validity of warrant service, officers may make an arrest.
Clearing the Warrant:
Once a suspect is booked into the jail, the Ramsey County Sheriffs Office clears the warrants from the computer.
Voluntary Turn-In:
If a party appears at the desk and a warrant is active, the party should be instructed to report to the Ramsey County Sheriff's Office, 425 Grove Street, for service whether the warrant is night capped or not.
Signing of Served Warrants:
A warrant is not officially served until it has been signed and dated on its face which is accomplished when:
- The arresting officer has the warrant in their possession or receives it from the Ramsey County Sheriff's Warrant Office.
- The warrant is officially served at the first court appearance by the court officer.
When officers have the warrant in their possession and it has been signed and served the warrant will then be turned into the records unit.
Out-of-City Service of Criminal Legal Process:
The members of this department will not normally serve criminal process outside of the city limits.
When an officer determines that it is necessary to serve a criminal legal process outside of the city, that officer will first, request permission from their immediate supervisor to leave the city. The officer should contact the proper jurisdiction and inform them of the situation and request assistance.
Absentee Wanted by the Armed Forces:
Military personnel that are absent without leave from their units are of no concern to this department unless:
- They have committed some violation of the law for which they would normally be arrested -- traffic, criminal code, etc.
- The department has received a copy of the Defense Department Form DD-553, Absentee Wanted by the Armed Forces, or U.S. Army Deserter Information Form DA-3835. This is the military version of a warrant.
Officers of this department do not have the authority to arrest for absent without leave (A.W.O.L.), unless the department or the Ramsey County Sheriff's Warrant Unit is in possession of a DD-553 or DA-3835 form. A check with the missing persons unit or the Ramsey County Sheriff's Warrant Unit after normal hours will be made to locate the pick-up request form. If the form is there, the officers then are authorized under 10 U.S.C.A. 808, ART 8 to arrest and hold the party at the Law Enforcement Center for the military authorities. Military personnel who are A.W.O.L. for over 30 days are classified as deserters, and desertion is considered a felony.
Telephone information about an A.W.O.L. or information received on the street should not be acted upon unless it is verified that the department has a copy of the DD-553 or DA-3835 for that party.
Military personnel who voluntarily try to turn themselves in should be advised to do so to any recruiter or else the detachment at Fort Snelling, or return to their original unit.
Federal Felony Warrant:
The United States Marshal has furnished this department with federal felony warrants for local persons. This information is in the warrant file in the computer. The marshals office would like to be notified immediately upon the service of one of these warrants. Book arrested parties Hold for U.S. Marshal. The watch commanders office has telephone numbers for the marshals office.
Revised July 1, 2011