27.02.060 Arrest Procedures.
(1) Prior to questioning any person in custody, a law enforcement officer must inform the person in clear and unequivocal terms that:
(A) They have the right to remain silent;
(B) Anything they say can and will be used against them in Court; and
(C) They have the right to talk to an attorney for advice before they answer questions and to have an attorney present during any questioning.
(D) They have the right to have an attorney appointed if they cannot afford one.
(E) That if, at any point during questioning, the person decides to exercise these rights, the questioning will cease.
(2) When making an arrest pursuant to a warrant, the officer must inform the defendant that he or she acts under authority of a warrant. A police officer does not need the warrant in their possession at the time of arrest, but, if the officer does not have the warrant in their possession, they shall inform the defendant that a warrant has been issued and the nature of the charge. The arrested person must be provided with a copy of the arrest warrant as soon as practicable, but no later than at the time of the arraignment.
(3) Any arresting police officer may use objectively reasonable and necessary force in the arrest of a person. For purposes of bail, plea agreements, alternative resolutions, sentencing, or any other necessary purpose, the Court may consider the following questions in determining whether the use of force was objectively reasonable and necessary:
(A) Was the use of force proportional to the person’s resistance?
(B) Was there an urgent need to use force?
(F) Could the officer have used lesser force and still safely accomplished the arrest?
(G) Did the officer’s conduct precipitate the use of force?
(F) Was the officer’s language or behavior appropriate and professional?
If the Court finds that the use of force in an arrest was not objectively reasonable and necessary, the Court shall preserve this finding in the record for the defendant.