CALIFORNIA SEARCH AND SEIZURE LAW
              Were you lawfully arrested?

   A police officer  may only arrest a person without a warrant:  a) When probable cause
exists to believe the person has committed a felony (Penal Code §836); or b) When probable
cause exists to believe a misdemeanor has been committed in the officer’s presence, (Penal
Code §836); In  Re Thierry S. (1977) 19 Cal. 3d 727.

  When a detention in a criminal case exceeds the boundaries of a permissible investigative
stop, the detention becomes a de facto arrest requiring probable cause. Dunaway v. New York
(1979) 442 U.S. 200, 212; People v. Gorrostieta (1993) 19 Cal App 4th 71, 82-83.    

  The California Supreme Court has held that probable cause for arrest exists only when the
facts known to the arresting officer “would lead a man of ordinary care and prudence to believe
and conscientiously entertain an honest and strong  suspicion that the person is guilty of a
crime”, People v. Price (1991) 1 Cal. 4th 324, 410. The belief must be based on objective facts
and circumstances and not on the personal opinions and suspicions of law enforcement. See
generally, Schmerber v. California (1966) 384 U.S. 757.             

  Moreover, the subjective good faith of the Long Beach officer  is not enough to justify an
arrest.  The validity of an arrest depends upon whether the “facts and circumstances within the
officer’s knowledge and of which they had reasonably trustworthy information are sufficient to
warrant a prudent man in believing the petitioner had committed or was committing an offense”
Beck v. Ohio (1964) 379 U.S. 89 at 91.  The probable cause must exist at the moment of police
action and not thereafter  in accordance with the United States Constitution.        

  While in some cases, a particularly experienced police officer may arrest based upon
observations which are meaningful only to him due to his expertise,  “it is incumbent upon the
officer to explain the nature of his expertise. . .and how it bears upon the facts which prompted
him to arrest or search.” 3 La Fave, Search and Seizure, West (1996) §3.2 pp 41-42; Cunha v.
Superior Court (1970) 2 Cal 3d 352. Observations by the police officer are particularly important
in drunk driving cases where signs of impairment are important in determining probable cause
for the stop.

  Determining whether a Long Beach law enforcement officer had probable cause to arrest
requires two analytically distinct steps.  First, the Criminal Court  must ascertain when the arrest
occurred and what the arresting officer then knew; second, the court decides whether the officer’
s knowledge at the time of the arrest constituted adequate cause. In Re Justin B. (1999) 69 Cal
App 4th 879.

In many cases the arrest may have been unlawful and an Attorney is necessary to challenge the
case in Court.

San Pedro Criminal Defense Lawyers
Long Beach Law Office
444 West Ocean Avenue
Long Beach CA 90802