Warrantless Arrests in California - Penal Code 836 PC

California Penal Code 836 PC authorizes police to conduct warrantless arrests if they have probable cause, applicable to felonies, offenses such as domestic violence, or any crime, misdemeanor, or felony committed in their presence.

Police can make warrantless arrests with probable cause for felonies, domestic violence, or crimes in their presence.

This means police officers may arrest a person if they reasonably believe, based on the facts, that the person is guilty, even without witnessing the entire event, particularly in cases of felony or specific domestic situations.

Simply put, in California, the law generally requires police officers to obtain a warrant before making an arrest. This requirement serves as a fundamental protection of your civil liberties.

However, state law carves out specific exceptions that allow warrantless arrests in certain circumstances. These rules are set forth in California Penal Code § 836.

If you have been arrested without a warrant, understanding these exceptions is crucial. The legality of your arrest can significantly affect any criminal charges you may face.

Eisner Gorin LLP is here to help. Schedule your consultation at (818) 781-1570 or contact us here. Our law firm is based in Los Angeles.

Key Takeaways

• Warrantless arrests under PC 836 are allowed for felonies when an officer has probable cause to believe a person committed a felony, even if the crime was not directly witnessed, and for any public offense observed or heard by the officer.
• Probable cause is a standard higher than suspicion but lower than proof for conviction; it is a reasonable belief, backed by facts, that suggests a person is more likely than not to be involved in a crime.
• Warrantless arrests are allowed for domestic violence and restraining orders matters.
• Police can arrest someone without a warrant if there is probable cause to believe they committed domestic battery, assault, or battery on a partner or family member, or if they violate restraining or protective orders.
• Police can arrest for DUI without observing the driver in action if immediate action is necessary to avoid injury or property damage (Vehicle Code 40300.5).
• Warrantless arrest can be made for concealed firearm violations in airports.
• The "Fruit of the Poisonous Tree" doctrine states that if an arrest is unlawful, then all subsequent evidence, such as confessions, drugs found in pockets, or blood samples, is typically inadmissible in court.

The Standard of Probable Cause

For an officer to legally arrest you, whether with or without a warrant, they must have probable cause.

This means there must be a reasonable basis, based on facts and circumstances, to believe that a crime has been committed and that you are the person who committed it.

Probable cause is more than a mere suspicion or a hunch. It requires objective facts that would lead a person of ordinary caution to entertain a strong suspicion of guilt.

The standard is not as high as the "beyond a reasonable doubt" standard required for a criminal conviction, but it must be based on concrete information.

When Can Police Arrest You Without a Warrant?

California Penal Code 836 PC specifies several circumstances in which a peace officer may lawfully arrest without first obtaining a warrant.

Offenses Committed in an Officer's Presence

An officer can arrest you if they have probable cause to believe you have committed any public offense, whether a misdemeanor or a felony, in their presence.

This means the officer directly perceives the criminal act through their senses-sight, hearing, or smell.

Felony Arrests

The rules for felonies are broader. An officer may arrest you without a warrant under two felony-related circumstances:

1. When you have actually committed a felony, even if the officer did not witness it.
2. When the officer has probable cause to believe you have committed a felony, regardless of whether a felony was, in fact, committed. This allows officers to act on reliable information in serious cases without delay.

Domestic Violence Incidents

The law has specific mandates for domestic violence situations to protect victims from further harm.

An officer may arrest a person without a warrant for an alleged assault or battery against a spouse, cohabitant, fiancé, dating partner, a person with whom the suspect has a child, or other specific relatives.

This is permissible if the officer has probable cause to believe the assault occurred and makes the arrest as soon as probable cause is established.

Furthermore, if an officer responds to a call regarding a violation of a domestic violence protective order, the officer must arrest the person if there is probable cause to believe the individual had notice of the order and violated it.

The officer must also make reasonable efforts to identify the "dominant aggressor" in situations involving mutual protective orders, considering factors like the history of abuse and the threat of physical injury.

Other Specific Warrantless Arrest Situations

Penal Code 836 also authorizes warrantless arrests for certain other offenses under specific conditions:

• Concealed Firearm at an Airport: An officer can arrest someone for carrying a concealed firearm in an airport's controlled access area if they have reasonable cause to believe the violation occurred.
• Shoplifting (PC 459.5): Under the new shoplifting authority (SB 2943), an officer may arrest a person for shoplifting without a warrant, even if not committed in their presence. This requires probable cause and an arrest without undue delay, supported by evidence such as a witness statement, video footage, the suspect's possession of goods with security devices still attached, or a confession.

The California legislature has notably broadened warrantless arrest powers related to shoplifting (PC 459.5). Previously, officers were required to witness the misdemeanor in person.

Under the revised PC 836(f), an officer can now arrest a suspect for shoplifting without witnessing the act, provided they have probable cause-often from a credible witness or security personnel- make the arrest without unreasonable delay, and have supporting evidence like video recordings, sworn witness statements, or the suspect carrying goods with active security tags.

How Can You Challenge an Unlawful Arrest?

If you were arrested without a warrant, the validity of that arrest hinges on whether the officer acted with probable cause under the circumstances defined by law.

A skilled California criminal defense lawyer will meticulously scrutinize the details of your arrest to determine if it was lawful. If your attorney can demonstrate that the police lacked the necessary probable cause, the arrest is deemed illegal.

A successful challenge to the arrest can have a profound effect on your case. The court must suppress any evidence (PC 1538.5 Motion to Suppress Evidence) obtained as a direct result of an unlawful arrest.

This means the prosecution cannot use that evidence against you. Suppressing key evidence, such as statements you made or physical items found during a search incident to the illegal arrest, can severely weaken the prosecution's case. In some instances, it can lead to a complete dismissal of the charges against you.

In summary, PC 836 grants California peace officers substantial authority to act quickly and make arrests when there is probable cause for serious crimes, domestic incidents, or offenses observed directly, even without a warrant.

If you were arrested for a crime, contact the criminal defense law firm at Eisner Gorin LLP for a case evaluation.