Overview: The Ninth Circuit Court of Appeals recently ruled that police could not take into custody a person cited 
for an infraction (in this case, trespassing) unless the arrestee has no satisfactory identification, refuses to provide a fingerprint, or refuses to sign a written promise to appear in court. A custodial arrest for the infraction was authorized only under these three narrow exceptions. Because police had failed to show that any of the exceptions applied to the custodial arrest in this case, judgment in favor of law enforcement was reversed on the false arrest claim.
Training Points: The ruling in this case is straight forward. Absent the presence of special conditions outlined above, officers cannot take custody of a person suspected of an infraction. The issuance of the citation and all other portions of the investigation must take place at the scene of the original detention. Any deviation from this process likely would result in liability exposure to the officer and the agency, and may have an impact on the criminal prosecution.
Summary Analysis: In Edgerly v. San Francisco, police officers arrested Erris Edgerly for standing in a housing project playground fenced with “No Trespassing” signs. The officers conducted a pat-down search, took Edgerly to the station and searched him again, finding no contraband. He was cited for trespass and released. Edgerly was not prosecuted for any offense. He filed suit against San Francisco and its police department, claiming that the officers violated his Fourth Amendment rights. He also asserted state tort claims for false arrest and illegal search. The district court entered judgment in favor of law enforcement, finding the arrest proper and Edgerly appealed. The Ninth Circuit overturned the lower court’s ruling and held that only three exceptions to custodial arrest for infractions existed, and none of them were present in this case.
Follow-Up Contact: For questions regarding this case or its implications for your agency or public safety department, please contact Paul Cappitelli, BB&K’s law enforcement specialist, G. Ross Trindle, III, public safety attorney, or your BB&K attorney.
