2. 4th Amendment “The right of the people to be secure in their persons, houses, papers and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched and the persons or things to be seized (Fourth Amendment US Const.; California Const., article 1, § 13.)
10. 4th Amendment A suspect may withdraw his consent at any time during the search. When this occurs, you must immediately stop your search. A search incident to an arrest is permissible only if it takes place at the same place and at essentially the same time as the arrest.
11. Arrest ARREST-COVERED IN CPC CHAPTER 5 SECTIONS 833 THRU 853.9 834. An arrest is taking a person into custody, in a case and in the manner authorized by law. An arrest may be made by a peace officer or by a private person.
12. Arrest 835. An arrest is made by an actual restraint of the person, or by submission to the custody of an officer. The person arrested may be subjected to such restraint as is reasonable for his arrest and detention.
13. Arrest For a felony, you may arrest a person (1) with a warrant or (2) without a warrant if you have probable cause to believe he committed a felony, regardless of whether or not it was committed in your presence.
14. Arrest For a misdemeanor, you may arrest a person (1) with a warrant or (2)w/o a warrant if you have probable cause for believing the misdemeanor was committed in your presence. (Exceptions; CVC 40300.5, WI 625, CPC 12031(a)(4)(A), 243.5,836.1, 243(f)(10), 836(d), 12025 airport).
15. Arrest Private persons arrest All arrests must be supported by probable cause. However, you have no obligation to assess or otherwise judge the merits of a case before “receiving” the arrestee.
16. Arrest Under state law, you and your agency are immune from any liability for false arrest or false imprisonment as long as (1)the arrest was lawful; or (2) you had a reasonable basis for believing the arrest was lawful; or
17. Arrest (3) the crime committed was a felony; or (4) the arrest was made pursuant to the requirements of CPC 142, 837, 838, 0r 839.
