Ohio § 2935.03

§ 2935.03.

(A)(1) A sheriff, deputy sheriff, marshal, deputy marshal, municipal police officer, township

constable, police officer of a township or joint police district, member of a police

force employed by a metropolitan housing authority under division (D) of section 3735.31 of the Revised Code , member of a police force employed by a regional transit authority under division (Y) of section 306.35 of the Revised Code , state university law enforcement officer appointed under section 3345.04 of the Revised Code , veterans' home police officer appointed under section 5907.02 of the Revised Code , special police officer employed by a port authority under section 4582.04 or 4582.28 of the Revised Code , or a special police officer employed by a municipal corporation at a municipal airport,

or other municipal air navigation facility, that has scheduled operations, as defined

in section 119.3 of Title 14 of the Code of Federal Regulations , 14 C.F.R. 119.3 , as amended, and that is required to be under a security program and is governed

by aviation security rules of the transportation security administration of the United

States department of transportation as provided in Parts 1542. and 1544. of Title

49 of the Code of Federal Regulations, as amended, shall arrest and detain, until

a warrant can be obtained, a person found violating, within the limits of the political

subdivision, metropolitan housing authority housing project, regional transit authority

police department's jurisdiction under Chapter 306. of the Revised Code, college,

university, veterans' home operated under Chapter 5907. of the Revised Code, port

authority, or municipal airport or other municipal air navigation facility, in which

the peace officer is appointed, employed, or elected, a law of this state, an ordinance

of a municipal corporation, or a resolution of a township. (2) A peace officer of the department of natural resources, a state fire marshal law

enforcement officer described in division (A)(23) of section 109.71 of the Revised Code , or an individual designated to perform law enforcement duties under section 511.232 , 1545.13 , or 6101.75 of the Revised Code shall arrest and detain, until a warrant can be obtained, a person found violating,

within the limits of the peace officer's, state fire marshal law enforcement officer's,

or individual's territorial jurisdiction, a law of this state. (3) The house sergeant at arms, if the house sergeant at arms has arrest authority pursuant

to division (E)(1) of section 101.311 of the Revised Code , and an assistant house sergeant at arms shall arrest and detain, until a warrant

can be obtained, a person found violating, within the limits of the sergeant at arms's

or assistant sergeant at arms's territorial jurisdiction specified in division (D)(1)(a) of section 101.311 of the Revised Code or while providing security pursuant to division (D)(1)(f) of section 101.311 of the Revised Code , a law of this state, an ordinance of a municipal corporation, or a resolution of

a township. (4) The senate sergeant at arms and an assistant senate sergeant at arms shall arrest

and detain, until a warrant can be obtained, a person found violating, within the

limits of the sergeant at arms's or assistant sergeant at arms's territorial jurisdiction

specified in division (B) of section 101.312 of the Revised Code , a law of this state, an ordinance of a municipal corporation, or a resolution of

a township. (B)(1) When there is reasonable ground to believe that an offense of violence, the offense

of criminal child enticement as defined in section 2905.05 of the Revised Code , the offense of public indecency as defined in section 2907.09 of the Revised Code , the offense of domestic violence as defined in section 2919.25 of the Revised Code , the offense of violating a protection order as defined in section 2919.27 of the Revised Code , the offense of menacing by stalking as defined in section 2903.211 of the Revised Code , the offense of aggravated trespass as defined in section 2911.211 of the Revised Code , a theft offense as defined in section 2913.01 of the Revised Code , or a felony drug abuse offense as defined in section 2925.01 of the Revised Code , has been committed within the limits of the political subdivision, metropolitan

housing authority housing project, regional transit authority police department's

jurisdiction under Chapter 306. of the Revised Code, college, university, veterans'

home operated under Chapter 5907. of the Revised Code, port authority, or municipal

airport or other municipal air navigation facility, in which the peace officer is

appointed, employed, or elected or within the limits of the territorial jurisdiction

of the peace officer, a peace officer described in division (A) of this section may

arrest and detain until a warrant can be obtained any person who the peace officer

has reasonable cause to believe is guilty of the violation. (2) For purposes of division (B)(1) of this section, the execution of any of the following

constitutes reasonable ground to believe that the offense alleged in the statement

was committed and reasonable cause to believe that the person alleged in the statement

to have committed the offense is guilty of the violation: (a) A written statement by a person alleging that an alleged offender has committed the

offense of menacing by stalking or aggravated trespass; (b) A written statement by the administrator of the interstate compact on mental health

appointed under section 5119.71 of the Revised Code alleging that a person who had been hospitalized, institutionalized, or confined

in any facility under an order made pursuant to or under authority of section 2945.37 , 2945.371 , 2945.38 , 2945.39 , 2945.40 , 2945.401 , or 2945.402 of the Revised Code has escaped from the facility, from confinement in a vehicle for transportation to

or from the facility, or from supervision by an employee of the facility that is incidental

to hospitalization, institutionalization, or confinement in the facility and that

occurs outside of the facility, in violation of section 2921.34 of the Revised Code ; (c) A written statement by the administrator of any facility in which a person has been

hospitalized, institutionalized, or confined under an order made pursuant to or under

authority of section 2945.37 , 2945.371 , 2945.38 , 2945.39 , 2945.40 , 2945.401 , or 2945.402 of the Revised Code alleging that the person has escaped from the facility, from confinement in a vehicle

for transportation to or from the facility, or from supervision by an employee of

the facility that is incidental to hospitalization, institutionalization, or confinement

in the facility and that occurs outside of the facility, in violation of section 2921.34 of the Revised Code . (3)(a) For purposes of division (B)(1) of this section, a peace officer described in division

(A) of this section has reasonable grounds to believe that the offense of domestic

violence or the offense of violating a protection order has been committed and reasonable

cause to believe that a particular person is guilty of committing the offense if any

of the following occurs: (i) A person executes a written statement alleging that the person in question has committed

the offense of domestic violence or the offense of violating a protection order against

the person who executes the statement or against a child of the person who executes

the statement. (ii) No written statement of the type described in division (B)(3)(a)(i) of this section

is executed, but the peace officer, based upon the peace officer's own knowledge and

observation of the facts and circumstances of the alleged incident of the offense

of domestic violence or the alleged incident of the offense of violating a protection

order or based upon any other information, including, but not limited to, any reasonably

trustworthy information given to the peace officer by the alleged victim of the alleged

incident of the offense or any witness of the alleged incident of the offense, concludes

that there are reasonable grounds to believe that the offense of domestic violence

or the offense of violating a protection order has been committed and reasonable cause

to believe that the person in question is guilty of committing the offense. (iii) No written statement of the type described in division (B)(3)(a)(i) of this section

is executed, but the peace officer witnessed the person in question commit the offense

of domestic violence or the offense of violating a protection order. (b) If pursuant to division (B)(3)(a) of this section a peace officer has reasonable

grounds to believe that the offense of domestic violence or the offense of violating

a protection order has been committed and reasonable cause to believe that a particular

person is guilty of committing the offense, it is the preferred course of action in

this state that the officer arrest and detain that person pursuant to division (B)(1)

of this section until a warrant can be obtained. If pursuant to division (B)(3)(a) of this section a peace officer has reasonable grounds

to believe that the offense of domestic violence or the offense of violating a protection

order has been committed and reasonable cause to believe that family or household

members have committed the offense against each other, it is the preferred course

of action in this state that the officer, pursuant to division (B)(1) of this section,

arrest and detain until a warrant can be obtained the family or household member who

committed the offense and whom the officer has reasonable cause to believe is the

primary physical aggressor.  There is no preferred course of action in this state regarding any other family

or household member who committed the offense and whom the officer does not have reasonable

cause to believe is the primary physical aggressor, but, pursuant to division (B)(1)

of this section, the peace officer may arrest and detain until a warrant can be obtained

any other family or household member who committed the offense and whom the officer

does not have reasonable cause to believe is the primary physical aggressor. (c) If a peace officer described in division (A) of this section does not arrest and

detain a person whom the officer has reasonable cause to believe committed the offense

of domestic violence or the offense of violating a protection order when it is the

preferred course of action in this state pursuant to division (B)(3)(b) of this section

that the officer arrest that person, the officer shall articulate in the written report

of the incident required by section 2935.032 of the Revised Code a clear statement of the officer's reasons for not arresting and detaining that person

until a warrant can be obtained. (d) In determining for purposes of division (B)(3)(b) of this section which family or

household member is the primary physical aggressor in a situation in which family

or household members have committed the offense of domestic violence or the offense

of violating a protection order against each other, a peace officer described in division

(A) of this section, in addition to any other relevant circumstances, should consider

all of the following: (i) Any history of domestic violence or of any other violent acts by either person involved

in the alleged offense that the officer reasonably can ascertain; (ii) If violence is alleged, whether the alleged violence was caused by a person acting

in self-defense; (iii) Each person's fear of physical harm, if any, resulting from the other person's threatened

use of force against any person or resulting from the other person's use or history

of the use of force against any person, and the reasonableness of that fear; (iv) The comparative severity of any injuries suffered by the persons involved in the

alleged offense. (e)(i) A peace officer described in division (A) of this section shall not require, as a

prerequisite to arresting or charging a person who has committed the offense of domestic

violence or the offense of violating a protection order, that the victim of the offense

specifically consent to the filing of charges against the person who has committed

the offense or sign a complaint against the person who has committed the offense. (ii) If a person is arrested for or charged with committing the offense of domestic violence

or the offense of violating a protection order and if the victim of the offense does

not cooperate with the involved law enforcement or prosecuting authorities in the

prosecution of the offense or, subsequent to the arrest or the filing of the charges,

informs the involved law enforcement or prosecuting authorities that the victim does

not wish the prosecution of the offense to continue or wishes to drop charges against

the alleged offender relative to the offense, the involved prosecuting authorities,

in determining whether to continue with the prosecution of the offense or whether

to dismiss charges against the alleged offender relative to the offense and notwithstanding

the victim's failure to cooperate or the victim's wishes, shall consider all facts

and circumstances that are relevant to the offense, including, but not limited to,

the statements and observations of the peace officers who responded to the incident

that resulted in the arrest or filing of the charges and of all witnesses to that

incident. (f) In determining pursuant to divisions (B)(3)(a) to (g) of this section whether to

arrest a person pursuant to division (B)(1) of this section, a peace officer described

in division (A) of this section shall not consider as a factor any possible shortage

of cell space at the detention facility to which the person will be taken subsequent

to the person's arrest or any possibility that the person's arrest might cause, contribute

to, or exacerbate overcrowding at that detention facility or at any other detention

facility. (g) If a peace officer described in division (A) of this section intends pursuant to

divisions (B)(3)(a) to (g) of this section to arrest a person pursuant to division

(B)(1) of this section and if the officer is unable to do so because the person is

not present, the officer promptly shall seek a warrant for the arrest of the person. (h) If a peace officer described in division (A) of this section responds to a report

of an alleged incident of the offense of domestic violence or an alleged incident

of the offense of violating a protection order and if the circumstances of the incident

involved the use or threatened use of a deadly weapon or any person involved in the

incident brandished a deadly weapon during or in relation to the incident, the deadly

weapon that was used, threatened to be used, or brandished constitutes contraband,

and, to the extent possible, the officer shall seize the deadly weapon as contraband

pursuant to Chapter 2981. of the Revised Code.  Upon the seizure of a deadly weapon pursuant to division (B)(3)(h) of this section, section 2981.12 of the Revised Code shall apply regarding the treatment and disposition of the deadly weapon.  For purposes of that section, the “underlying criminal offense” that was the basis

of the seizure of a deadly weapon under division (B)(3)(h) of this section and to

which the deadly weapon had a relationship is any of the following that is applicable: (i) The alleged incident of the offense of domestic violence or the alleged incident

of the offense of violating a protection order to which the officer who seized the

deadly weapon responded; (ii) Any offense that arose out of the same facts and circumstances as the report of the

alleged incident of the offense of domestic violence or the alleged incident of the

offense of violating a protection order to which the officer who seized the deadly

weapon responded. (4) If, in the circumstances described in divisions (B)(3)(a) to (g) of this section,

a peace officer described in division (A) of this section arrests and detains a person

pursuant to division (B)(1) of this section, or if, pursuant to division (B)(3)(h)

of this section, a peace officer described in division (A) of this section seizes

a deadly weapon, the officer, to the extent described in and in accordance with section 9.86 or 2744.03 of the Revised Code , is immune in any civil action for damages for injury, death, or loss to person or

property that arises from or is related to the arrest and detention or the seizure. (C) When there is reasonable ground to believe that a violation of division (A)(1), (2),

(3), (4), or (5) of section 4506.15 or a violation of section 4511.19 of the Revised Code has been committed by a person operating a motor vehicle subject to regulation by

the public utilities commission of Ohio under Title XLIX of the Revised Code, a peace

officer with authority to enforce that provision of law may stop or detain the person

whom the officer has reasonable cause to believe was operating the motor vehicle in

violation of the division or section and, after investigating the circumstances surrounding

the operation of the vehicle, may arrest and detain the person. (D) If a sheriff, deputy sheriff, marshal, deputy marshal, municipal police officer,

member of a police force employed by a metropolitan housing authority under division (D) of section 3735.31 of the Revised Code , member of a police force employed by a regional transit authority under division (Y) of section 306.35 of the Revised Code , special police officer employed by a port authority under section 4582.04 or 4582.28 of the Revised Code , special police officer employed by a municipal corporation at a municipal airport

or other municipal air navigation facility described in division (A) of this section,

township constable, police officer of a township or joint police district, state university

law enforcement officer appointed under section 3345.04 of the Revised Code , peace officer of the department of natural resources, individual designated to perform

law enforcement duties under section 511.232 , 1545.13 , or 6101.75 of the Revised Code , the house sergeant at arms if the house sergeant at arms has arrest authority pursuant

to division (E)(1) of section 101.311 of the Revised Code , or an assistant house sergeant at arms is authorized by division (A) or (B) of this

section to arrest and detain, within the limits of the political subdivision, metropolitan

housing authority housing project, regional transit authority police department's

jurisdiction under Chapter 306. of the Revised Code, port authority, municipal airport

or other municipal air navigation facility, college, or university in which the officer

is appointed, employed, or elected or within the limits of the territorial jurisdiction

of the peace officer, a person until a warrant can be obtained, the peace officer,

outside the limits of that territory, may pursue, arrest, and detain that person until

a warrant can be obtained if all of the following apply: (1) The pursuit takes place without unreasonable delay after the offense is committed; (2) The pursuit is initiated within the limits of the political subdivision, metropolitan

housing authority housing project, regional transit authority police department's

jurisdiction under Chapter 306. of the Revised Code, port authority, municipal airport

or other municipal air navigation facility, college, or university in which the peace

officer is appointed, employed, or elected or within the limits of the territorial

jurisdiction of the peace officer; (3) The offense involved is a felony, a misdemeanor of the first degree or a substantially

equivalent municipal ordinance, a misdemeanor of the second degree or a substantially

equivalent municipal ordinance, or any offense for which points are chargeable pursuant

to section 4510.036 of the Revised Code . (E) In addition to the authority granted under division (A) or (B) of this section: (1) A sheriff or deputy sheriff may arrest and detain, until a warrant can be obtained,

any person found violating section 4503.11, 4503.21, or 4549.01, sections 4549.08

to 4549.12, section 4549.62, or Chapter 4511. or 4513. of the Revised Code on the

portion of any street or highway that is located immediately adjacent to the boundaries

of the county in which the sheriff or deputy sheriff is elected or appointed. (2) A member of the police force of a township police district created under section 505.48 of the Revised Code , a member of the police force of a joint police district created under section 505.482 of the Revised Code , or a township constable appointed in accordance with section 509.01 of the Revised Code , who has received a certificate from the Ohio peace officer training commission under section 109.75 of the Revised Code , may arrest and detain, until a warrant can be obtained, any person found violating

any section or chapter of the Revised Code listed in division (E)(1) of this section,

other than sections 4513.33 and 4513.34 of the Revised Code , on the portion of any street or highway that is located immediately adjacent to

the boundaries of the township police district or joint police district, in the case

of a member of a township police district or joint police district police force, or

the unincorporated territory of the township, in the case of a township constable.  However, if the population of the township that created the township police district

served by the member's police force, or the townships and municipal corporations that

created the joint police district served by the member's police force, or the township

that is served by the township constable, is sixty thousand or less, the member of

the township police district or joint police district police force or the township

constable may not make an arrest under division (E)(2) of this section on a state

highway that is included as part of the interstate system. (3) A police officer or village marshal appointed, elected, or employed by a municipal

corporation may arrest and detain, until a warrant can be obtained, any person found

violating any section or chapter of the Revised Code listed in division (E)(1) of

this section on the portion of any street or highway that is located immediately adjacent

to the boundaries of the municipal corporation in which the police officer or village

marshal is appointed, elected, or employed. (4) A peace officer of the department of natural resources, a state fire marshal law

enforcement officer described in division (A)(23) of section 109.71 of the Revised Code , or an individual designated to perform law enforcement duties under section 511.232 , 1545.13 , or 6101.75 of the Revised Code may arrest and detain, until a warrant can be obtained, any person found violating

any section or chapter of the Revised Code listed in division (E)(1) of this section,

other than sections 4513.33 and 4513.34 of the Revised Code , on the portion of any street or highway that is located immediately adjacent to

the boundaries of the lands and waters that constitute the territorial jurisdiction

of the peace officer or state fire marshal law enforcement officer. (F)(1) A department of mental health and addiction services special police officer or a

department of developmental disabilities special police officer may arrest without

a warrant and detain until a warrant can be obtained any person found committing on

the premises of any institution under the jurisdiction of the particular department

a misdemeanor under a law of the state. A department of mental health and addiction services special police officer or a department

of developmental disabilities special police officer may arrest without a warrant

and detain until a warrant can be obtained any person who has been hospitalized, institutionalized,

or confined in an institution under the jurisdiction of the particular department

pursuant to or under authority of section 2945.37 , 2945.371 , 2945.38 , 2945.39 , 2945.40 , 2945.401 , or 2945.402 of the Revised Code and who is found committing on the premises of any institution under the jurisdiction

of the particular department a violation of section 2921.34 of the Revised Code that involves an escape from the premises of the institution. (2)(a) If a department of mental health and addiction services special police officer or

a department of developmental disabilities special police officer finds any person

who has been hospitalized, institutionalized, or confined in an institution under

the jurisdiction of the particular department pursuant to or under authority of section 2945.37 , 2945.371 , 2945.38 , 2945.39 , 2945.40 , 2945.401 , or 2945.402 of the Revised Code committing a violation of section 2921.34 of the Revised Code that involves an escape from the premises of the institution, or if there is reasonable

ground to believe that a violation of section 2921.34 of the Revised Code has been committed that involves an escape from the premises of an institution under

the jurisdiction of the department of mental health and addiction services or the

department of developmental disabilities and if a department of mental health and

addiction services special police officer or a department of developmental disabilities

special police officer has reasonable cause to believe that a particular person who

has been hospitalized, institutionalized, or confined in the institution pursuant

to or under authority of section 2945.37 , 2945.371 , 2945.38 , 2945.39 , 2945.40 , 2945.401 , or 2945.402 of the Revised Code is guilty of the violation, the special police officer, outside of the premises of

the institution, may pursue, arrest, and detain that person for that violation of section 2921.34 of the Revised Code , until a warrant can be obtained, if both of the following apply: (i) The pursuit takes place without unreasonable delay after the offense is committed; (ii) The pursuit is initiated within the premises of the institution from which the violation

of section 2921.34 of the Revised Code occurred. (b) For purposes of division (F)(2)(a) of this section, the execution of a written statement

by the administrator of the institution in which a person had been hospitalized, institutionalized,

or confined pursuant to or under authority of section 2945.37 , 2945.371 , 2945.38 , 2945.39 , 2945.40 , 2945.401 , or 2945.402 of the Revised Code alleging that the person has escaped from the premises of the institution in violation

of section 2921.34 of the Revised Code constitutes reasonable ground to believe that the violation was committed and reasonable

cause to believe that the person alleged in the statement to have committed the offense

is guilty of the violation. (G) As used in this section: (1) A “ department of mental health and addiction services special police officer ” means a special police officer of the department of mental health and addiction

services designated under section 5119.08 of the Revised Code who is certified by the Ohio peace officer training commission under section 109.77 of the Revised Code as having successfully completed an approved peace officer basic training program. (2) A “ department of developmental disabilities special police officer ” means a special police officer of the department of developmental disabilities designated

under section 5123.13 of the Revised Code who is certified by the Ohio peace officer training council under section 109.77 of the Revised Code as having successfully completed an approved peace officer basic training program. (3) “Deadly weapon” has the same meaning as in section 2923.11 of the Revised Code . (4) “Family or household member” has the same meaning as in section 2919.25 of the Revised Code . (5) “Street” or “highway” has the same meaning as in section 4511.01 of the Revised Code . (6) “Interstate system” has the same meaning as in section 5516.01 of the Revised Code . (7) “ Peace officer of the department of natural resources ” means an employee of the department of natural resources who is a natural resources

law enforcement staff officer designated pursuant to section 1501.013 of the Revised Code , a forest-fire investigator appointed pursuant to section 1503.09 of the Revised Code , a natural resources officer appointed pursuant to section 1501.24 of the Revised Code , or a wildlife officer designated pursuant to section 1531.13 of the Revised Code . (8) “ Portion of any street or highway ” means all lanes of the street or highway irrespective of direction of travel, including

designated turn lanes, and any berm, median, or shoulder.