36.06.010 Arrest Provisions

(a) A Law Enforcement Official shall arrest and taken into custody any person(s) who the officer has probable cause to believe assaulted or neglected an Elderly person with whom he/she is residing or has formerly resided. No warrant is required to make an arrest under this provision.

(1) NOTE: Probable cause is defined as follows: Based on the Law Enforcement Official's observations and statements made by the parties involved and witnesses (if any) the officer using reasonable judgment believes an assault did occur and the person to be arrested committed the assault. The officer's observation can be but is not limited to, obvious distress of the Elder, visible wounds, vandalism or destroyed property, or visible aggression of the accused. This arrest provision means that the victim need not sign a complaint for an arrest to occur. Further, under provisions above, a Law Enforcement Official shall arrest under probable cause even though it may be against the expressed wishes of the victim.

(b) A Law Enforcement Official and shall take into custody a person whom the Law Enforcement Official has probable cause to believe has violated an order for protection, restraining the person or excluding the person from the residence if the existence of the order can be verified by the Law Enforcement Official.

(1) NOTE: Regardless of whether or not the person violating the order was invited back into the home, an arrest shall be made. Thus, when the court issues such an order it shall inform the excluded party that the petitioning party must make a motion for the court to formally change the order for protection, in order for the excluded party to return to the residence.

(c) A Law Enforcement Official shall make an arrest if there was a threat with a dangerous weapon, including a gun, knife or other object used as a weapon.

(d) A Law Enforcement Official may arrest when responding to a call if the Law Enforcement Official has probable cause to believe that the alleged assailant has within the past twenty-four (24) hours placed the alleged victim in imminent fear of bodily harm.

(e) Whenever a Law Enforcement Official investigates an allegation of an incident described in 1-4 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 Tribal Prosecutor and his/her supervisor. The Tribal Prosecutor shall forward copies of all written reports to the Elder Protection Team within two (2) regular working days with receipt of Elderly abuse reports.

(f) The Law Enforcement Official shall receive the Elders statement and claim of abuse in good faith and is all that is needed by Law Enforcement to justify a probable cause arrest.