A criminal arrest is the legal procedure by which the police or other authorities apprehend a person. This process is based on probable cause that you have committed a crime and initiates a criminal prosecution. This process is regulated by strict state laws and constitutional protections in California, such as the Fourth, Fifth, and Sixth Amendments of the U.S. Constitution. Being arrested can be a confusing and stressful experience, and it is crucial to know your rights and what to expect.
Every step of the criminal arrest process, from the initial police encounter to booking, pretrial release, and arraignment, should be carried out in a way that protects your legal rights. Failure to comply with these requirements could affect the legality of the arrest and the admissibility of the evidence gathered. This guide explains the criminal arrest procedure in California, your legal rights, the legal process law enforcement should follow, and the options you have to protect your interests.
The Initial Police Encounter
A police contact could turn into a full arrest in just seconds, and a routine traffic stop or casual conversation can become a complete loss of freedom. Understanding exactly when a detention becomes a physical arrest will enable you to safeguard your constitutional rights when confronted with the tremendous force of law enforcement officers.
How Probable Cause Works
You have the right to be free from unreasonable searches and seizures under the Fourth Amendment. A seizure occurs when the police restrict your freedom to the point that a reasonable person would not feel free to leave. Officers should have probable cause to make a valid arrest. A common-sense evaluation of facts is required for probable cause.
The officer should have objective and credible information that would lead a reasonable person in your shoes to believe that a crime was committed and that you were responsible for it. This evidentiary standard is much higher than a mere hunch or random suspicion. A police officer cannot arrest you on a hunch.
Temporary investigative detentions, on the other hand, only need reasonable suspicion, a much lower standard. The Fourth Amendment of the United States Constitution protects you from having your constitutional rights violated by law enforcement officers when they arrest you without establishing objective probable cause.
The Difference between Warrant Arrests and Warrantless Detentions in California Penal Code Section 836
The arrest may be made with or without a warrant. An arrest warrant is issued by a judge based on an affidavit from law enforcement. The affidavit should set out facts to establish probable cause. If a judge signs this document, it will become a formal order authorising officers to arrest you. But many arrests are made without a warrant.
California Penal Code 836 (PC) allows police officers to make warrantless arrests in certain situations. The officer may arrest you for any misdemeanor that is committed in their presence. The presence requirement does not apply to felonies. You can be arrested for a felony without a warrant if an officer has probable cause to believe a felony was committed and that you are the person responsible, even if the officer was not present when the crime was committed.
Exceptions To Warrantless Misdemeanor Arrests
In California, police generally should witness a misdemeanor before making a warrantless arrest, although state law provides several important exceptions. California PC Section 836(d) and Section 836(c)(1) contain statutory exceptions that allow an officer to arrest you for a misdemeanor based on probable cause even if they were not present at the time of the alleged offense. The California Penal Code provides for warrantless misdemeanor arrests for the following four offenses:
- Violations of California Penal Code 836(d)
- When verification is possible, violations of protective/restraining orders per California PC 836(c)(1)
- Wearing a gun while in public or in a vehicle
- Assault or battery on the premises of an active school
The exemptions give the police significant power in difficult circumstances. Your attorney will determine if the officers who arrested you in California met the high standard of law outlined in these misdemeanor provisions.
Limits on Police Force and Arrest Authority Under Penal Code Section 835a
Your actual arrest and taking is tightly controlled to ensure your safety and constitutional rights. PC 835a establishes the guidelines for limiting your freedom of movement. Under the law, police officers can only use “objectively reasonable force” within the context of the situation. This force should be proportional to the threat that is being posed, the severity of the offense, and whether you are resisting or trying to escape.
If you physically resist, pull away, or run from an officer, you may face additional misdemeanor charges under California Penal Code 148(a)(1) for resisting, delaying, or obstructing a peace officer. Even if the arrest was unconstitutional at first, resisting arrest is a serious charge that can complicate your defense. You should stay calm and cooperative during a physical seizure because this is crucial to the continuation of your defense case in the state’s criminal justice system.
Search After a Lawful Arrest
When you are arrested, you lose certain personal rights and privileges, including the right to be physically searched by officers of the law, who are allowed to search your clothing, pockets, and nearby property. These intrusive methods seem to be a clear infringement of your privacy, but the law has established clear limits on which areas of your search the police can legally enter at a moment’s notice.
Searches of Your Person and Immediate Area
After a lawful arrest, police may search your person and the clothing you are wearing without first obtaining a search warrant. The search is justified by a well-established exception to the Fourth Amendment warrant requirement, the search incident to a lawful arrest. This doctrine is in place to ensure the physical safety of the officers who are making the arrest, to find any concealed weapons, and to prevent you from hiding or destroying crucial evidence of the offense.
After a lawful arrest, a warrantless search is limited to you and the area within your immediate reach. Items you are carrying and containers on your person may be searched to ensure safety and to prevent the destruction of evidence. A search beyond this limited area that is not legally authorized could violate your constitutional rights.
Automobile Searches Incident to Custodial Seizures
If you are arrested while in your vehicle, police cannot automatically search your car. They may search the passenger compartment without a warrant only if you are unsecured and within reaching distance of the vehicle, or if they reasonably believe it contains evidence related to the offense for which you were arrested.
As an example, if someone is pulled over for DUI, the police may be searching for open alcohol containers or drugs, but if they pull you over for a suspended license, they are not likely to be looking for any drugs or alcohol in your car.
Transport and Custodial Booking at the Detention Facility
Once arrested, you will be taken to a police station or jail for booking. This administrative process documents your arrest and personal information, and prepares you for detention. You should understand what you are entitled to during this phase to ensure you do not say anything that could be used against you.
The Booking Process and Personal Property Records
When you are booked in, jail personnel make a formal record of your arrest, which includes your name, date of birth, physical description, fingerprints, photographs, and more. The officers will also record your personal belongings, such as your wallet, phone, cash, keys, and jewelry. These items are recorded, stored safely, and returned upon your release on bail. Booking is an administrative process, but you should avoid discussing the details of your case with jail staff or other detainees because your statements may be used against you in court.
Your Miranda Rights Against Custodial Interrogation
Once you have been booked, investigators may try to interview you regarding the alleged crime. Officers are required to give you your Miranda warnings before conducting a custodial interrogation, which means they should tell you that you are not required to talk and that you are entitled to have an attorney present during the interrogation.
If you want to exercise these rights, tell the police that you are asserting your right to remain silent and that you want a lawyer. Once you do so, officers should stop questioning you. If you waive these rights, anything you say will be used in your criminal case.
Statutory Phone Call Rights under California Penal Code Section 851.5
Under California law, you have the right to communicate with others after an arrest. California Penal Code 851.5 allows you to make phone calls immediately after booking or within three hours of your arrest. You should be allowed to make at least three free or local calls. These calls may be used to contact:
- Your criminal defense attorney to give you legal advice
- A bail bondsman to help you out of jail
- A person to inform them of your arrest
- Your friend or employer can help you deal with crucial personal issues
Your attorney will be able to communicate with you privately, and jail staff will not be able to eavesdrop on your conversations.
Pretrial Release Options Before Your Court Date
The California Evidence Code offers several methods for releasing a defendant before trial without losing the defendant’s right to appear in court at future dates. This will depend on the facts of the case, the severity of the offenses, and the court’s decision.
Bail, Cash Payment, and Release on Your Own Recognizance
Bail allows you to be released from custody by providing a financial guarantee that you will appear for future court hearings. County bail schedules are used by courts to set bail amounts depending on the type of alleged crime. You can pay the entire amount via cash bail or obtain a bail bond from a licensed bail bondsman.
Some individuals may qualify for release on their own recognizance (O.R.), which allows them to leave custody without paying bail, provided they agree to appear in court. Following the California Supreme Court’s decision in In re Humphrey, judges should consider a person’s ability to pay when setting bail. They cannot keep someone in custody solely because they cannot afford the bail amount.
Demanding Release Under the Strict 48-Hour Statutory Rule of PC 825
If you are not released on bail or your own recognizance, California PC 825 mandates that you be brought before a judge within 48 hours of your arrest (excluding Sundays and court holidays). If the prosecutor does not file charges or schedule an arraignment within this timeframe, the continued detention may be unlawful unless there is a valid legal reason for the delay.
Your lawyer can argue that the delay violates your due process rights and request that you be released. This rule helps ensure that no one is held in custody for an extended period without prompt judicial review or formal criminal charges.
The Arraignment and the Initial Entry of a Plea
The formal court process begins at the first court hearing, where a judge reviews the criminal charges. If you bring in an experienced lawyer to this public courtroom, you will be able to ensure that you are asserting your rights the right way and that you do not make any crucial errors when you enter your opening plea in front of this public courtroom.
What to Expect at Arraignment and Entering Your Plea
Your criminal court case officially begins at the arraignment. At this hearing, the judge will read the criminal complaint or indictment that lists the charges against you from the District Attorney’s office. The judge will also confirm your identity and ensure you understand your constitutional rights. Next, you will be asked to enter a formal plea to the charges.
Under California law, there are three main types of pleas: guilty, no contest, and not guilty. A guilty or no contest plea generally results in a conviction without a trial. In most cases, defendants initially enter a not-guilty plea, which does not mean they are admitting guilt or permanently denying the charges. Instead, it requires the prosecution to prove the case beyond a reasonable doubt before a conviction can occur. Not guilty means that you do not waive your rights and that your lawyer can start developing a strong defense immediately.
Demanding Your Constitutional Right to Counsel
The Sixth Amendment provides you the right to a lawyer at the most crucial points in the criminal prosecution. Your arraignment is an important part of the process. If you are unable to afford a private lawyer, the court will assign you a public defender who will represent you for free. It is always best to have an attorney present at your arraignment and to answer questions from the judge. Public defenders are committed advocates but often have a heavy caseload.
With an experienced private criminal defense attorney on your side, you can receive personal, individualized attention from the start. Your private counsel can begin negotiating bail at this early stage of your defense case. They can also contact the prosecutor on your behalf, and that can effectively challenge the prosecution’s case.
Challenging an Arrest After It Happens
An arrest is not the same as a conviction. If law enforcement officers violated your constitutional rights during the arrest or search, your attorney may be able to challenge the legality of their actions. California law provides legal remedies for unlawful arrests, searches, and seizures. If the court finds that officers violated your rights, evidence obtained through those illegal actions may be excluded from your criminal case.
A Statutory Motion to Suppress Evidence under Penal Code 1538.5
If police violated your constitutional rights during your encounter, you can challenge their actions in court. Your defense attorney can file a statutory motion to suppress evidence under California PC 1538.5. This is a formal legal request to the judge to dismiss any evidence that was seized or found during an illegal search.
The prosecution has the burden of proving that the search or seizure was lawfully conducted during the suppression hearing. Your lawyer can introduce crucial evidence, question the arresting officers, and point out discrepancies in the police reports.
At this court hearing, if the judge rules that the police lacked a valid reason to search the home or that they went too far in their search, they could grant the motion. This means the prosecutor will not be able to use the illegally obtained evidence at trial in California.
Excluding Illegally Obtained Evidence
The exclusionary rule prevents prosecutors from using evidence obtained through unconstitutional police conduct. In addition, the "fruit of the poisonous tree" doctrine may also exclude any evidence that was discovered because of the illegal search or seizure. Secondary discoveries, made as a result of an unlawful arrest, are also suppressed if the primary discovery is a jailhouse confession or the physical evidence is found.
If the court grants your motion to suppress, it can significantly affect the outcome of your criminal case. A presiding judge’s exclusion of crucial evidence can leave the District Attorney with little or no evidence to prove guilt beyond a reasonable doubt. In many situations, this total denial of evidence means that the state has no other choice but to drop the charges altogether.
Find a Criminal Defense Lawyer Near Me
Being charged with a crime following an arrest can be a stressful experience. Hiring a lawyer as early as possible can safeguard your rights and future. A skilled criminal defense lawyer can examine the circumstances of your arrest and uncover any procedural mistakes or constitutional violations. They can also inform you of your legal options and develop a solid defense.
Regardless of whether you are charged with a misdemeanor or a felony, having experienced legal counsel can make a huge difference in the criminal justice system. Do not go through the arrest process alone. At Darwish Law in Santa Ana, we are committed to protecting your rights and providing experienced criminal defense representation. Contact us today at 714-887-4810 to schedule your free consultation.