Does a Sheriff's Deputy Need Approval to Make an Arrest?

In the realm of law enforcement, the process of making an arrest can sometimes be a topic of confusion. This article aims to clarify the requirements for a sheriff's deputy to make an arrest and the role of approval within these procedures.

Do Sheriff's Deputies Need Approval Every Time?

A common misconception is that a sheriff's deputy needs to obtain specific approval from their superior every time they make an arrest. However, this is not the case. Once a deputy has been sworn in as a law enforcement officer, they inherently possess the authority to make an arrest. This authority is granted by the state governor, and it does not require continual approval.

Probable Cause and Arrest Procedures

The most critical aspect of an arrest is the requirement for probable cause. A "probable cause declaration" is a document that must be filled out by the deputy who makes the arrest. This form outlines the reasons for the arrest based on evidence and facts. It is then reviewed and signed off by either the watch sergeant or the watch commander.

For further legal validation, the probable cause declaration must also be reviewed by a judge within a 48-hour window following the arrest. The judge's approval ensures that the arrest was made under appropriate legal grounds and that the officers acted within their legally granted authority.

Real-World Examples and Variations

While the general process is standardized, there can be variations depending on the specific law enforcement agency. For instance, the Los Angeles County Sheriff's Department (LASD) might have different procedures compared to the Los Angeles Police Department (LAPD). However, the core principles and requirements remain consistent.

In total, the process requires active documentation, review, and judicial approval to ensure that the arrest is lawful and based on credible evidence. This comprehensive approach helps to maintain the integrity of the legal system and prevents unauthorized or inappropriate arrests.

Conclusion

In summary, a sheriff's deputy does not need continual approval from their superior to make an arrest. Once commissioned, they have the legal authority to do so. However, the probable cause declaration and subsequent judicial review are crucial steps in the process to ensure that arrests are both lawful and based on sufficient evidence.

Understanding these processes is essential for both law enforcement officers and the public to ensure a just and fair legal system.