I. Executive Summary
Just like the "2014 VA Waitlist Scandal exposed systemic failures at the Department of Veterans Affairs, the Phoenix VA Police Department has its own hidden scandal – one that strikes at the very heart of constitutional rights.
For over a decade, the Phoenix VA Police have been making warrantless arrests, searching individuals, detaining them in holding cells, issuing a citation, and then releasing them without ever taking them before a federal magistrate judge.
The Fifth Amendment to the U.S. Constitution states:
"No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury..."
By denying arrested individuals their right to prompt presentment, the Phoenix VA Police are violating this fundamental protection. They are holding people for federal offenses without ever bringing them before a judge – a direct violation of Federal Rule of Criminal Procedure 5, the Fifth Amendment Due Process Clause, and VA Handbook 0730 (the national policy for VA Police nationwide – which PHXVAPD does not follow).
This is not a technical error. This is a systemic, decade-long practice of unlawful, warrantless detention that has affected hundreds of people, primarily veterans. This public record documents the violations, the policies that authorize them, and the legal authorities they breach.
II. Documented Legal Violations
A. Violation of Federal Rule of Criminal Procedure 5
Rule 5(a)(1)(A) states:
"A person making an arrest within the United States must take the defendant without unnecessary delay before a magistrate judge."
PHXVAPD Practice (from internal policy – "Holding Cell Procedures" (2026)):
Section 2(b) of the Phoenix VA Police Holding Cell Procedures (2026) explicitly authorizes:
"If an individual is being issued a U.S. District Court Violation Notice, he/she will be detained in the holding cell, only until such time that notice has been completed and issued to the detainee."
Finding: There is no provision in this policy for taking the arrestee before a magistrate. The detention ends with the issuance of a citation, not with judicial review. The court is never told. This is a direct violation of Rule 5.
B. Violation of the Fifth Amendment – Due Process, Presentment, and Violation of Presentment
In Corley v. United States, 556 U.S. 303, 306 (2009), the Supreme Court held:
"The 'presentment' requirement prevents secret detention and ensures that a suspect is informed of the charges against them."
The Court reaffirmed that Rule 5 codifies the common-law rule of "prompt presentment" – requiring an officer to take an arrested person before a magistrate "as soon as he reasonably could."
PHXVAPD Practice: Individuals are detained in holding cells for hours (the 2026 policy allows up to two hours before offering a meal, and no maximum is specified), searched, and then released. No presentment occurs. The magistrate is never notified. This is a clear Violation of Presentment.
Finding: This constitutes detention without any judicial oversight, exactly the evil the Fifth Amendment and Rule 5 were designed to prevent.
C. Violation of the Fourth Amendment – Search Incident to Warrantless Arrest and Citation
In Knowles v. Iowa, 525 U.S. 113 (1998), the Supreme Court held:
"An officer may not conduct a search incident to arrest when an individual receives only a citation for an offense … even if the officer could have taken the individual into custody."
PHXVAPD Practice: Section 3 of the Holding Cell Procedures (2026) mandates a full "custody search" before placing the detainee in the cell, including removal of outer garments, shoes, belts, and jewelry. This search is conducted after a warrantless arrest even though the individual is being issued a USDCVN – a citation – and will not be presented to a magistrate.
Finding: Because the PHXVAPD does not intend to take the arrestee before a magistrate, there is no lawful custodial arrest. The search therefore violates Knowles.
D. Violation of VA Handbook 0730 (National VA Police Policy)
VA Handbook 0730 (2000 ed.), § 7(d)(6), p. 27 (unchanged in 2014 ed.) – this is the national policy for VA Police nationwide:
"The issuance of a United States District Court Violation Notice is the same as an arrest action and is used in lieu of a physical arrest."
PHXVAPD Practice: Officers physically arrest, detain in a holding cell, and search the individual – then issue the USDCVN. This is not "in lieu of" physical arrest; it is physical arrest plus a citation.
Finding: The Phoenix VA policy directly contradicts national VA policy, indicating a local deviation without lawful authority.
This short video clip below will breakdown the issues above within several seconds:
