An Arrest Affidavit is a fundamental document in the Dutch criminal justice system, required whenever a law enforcement officer makes an arrest. This document serves as the official record of the arrest and must be completed in accordance with the Wetboek van Strafvordering (Dutch Code of Criminal Procedure). The affidavit includes critical information such as the identity of all involved parties, detailed circumstances of the arrest, probable cause, evidence collected, and rights notification. It forms part of the official case file and may be used in subsequent court proceedings, making it essential for both immediate law enforcement purposes and long-term legal proceedings. The document must be completed with precision and thoroughness, as it can significantly impact the validity of the arrest and any resulting legal actions.
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1. Header Information: Official letterhead, case number, date, time, and location of document creation
2. Reporting Officer Details: Name, rank, badge number, and jurisdiction of the reporting officer(s)
3. Subject Information: Complete identification details of the arrested person including name, date of birth, nationality, address, and identification numbers
4. Time and Location: Precise details of when and where the arrest took place
5. Probable Cause: Detailed description of the circumstances and reasons that led to the arrest, including specific violations of law
6. Rights Notification: Documentation of when and how the subject was informed of their legal rights
7. Physical Description: Detailed description of the subject's physical appearance at time of arrest, including any distinguishing features
8. Evidence Collection: List and description of any evidence collected during or immediately after the arrest
9. Officer's Narrative: Chronological account of the events leading to and including the arrest
10. Certification: Official declaration of truth and accuracy, with officer's signature and date
1. Witness Statements: Summaries of any witness accounts, used when witnesses were present and provided statements
2. Medical Assessment: Documentation of any medical examination or treatment, required if subject was injured or claimed injury
3. Property Inventory: Detailed list of items in subject's possession at arrest, required if any items were taken into custody
4. Use of Force Report: Detailed account of any force used during arrest, required if any level of force was necessary
5. Interpreter Details: Information about any interpreter used, required if language barriers were present
6. Vehicle Information: Details about any vehicles involved, required if the arrest involved or was related to a vehicle
7. Digital Evidence Reference: References to any digital evidence (CCTV, body cam footage), included when such evidence exists
1. Photograph Log: Numbered list and copies of photographs taken during arrest or of evidence
2. Evidence Receipt: Detailed receipt of all items taken into police custody
3. Rights Notification Form: Copy of the signed rights notification form in subject's language
4. Related Case References: List of any related case numbers or ongoing investigations
5. Chain of Custody Log: Documentation tracking handling of physical evidence
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