“Stale or Cold Misdemeanor Rule – A Fossil”

"FROM THE CLASSROOM" by Ray Hill, Professor Emeritus, Santa Rosa Junior College

Ray Hill is a retired Police Lieutenant and Professor Emeritus at Santa Rosa Junior College. He has taught in the POST Basic Academy and Advanced Officer Training for 45 years.

“Stale or Cold Misdemeanor Rule – A Fossil”

   It originated in 1907.  The rule hasn’t been interpreted or followed by a case decision for over 70 years. It still hangs around in the P.O.S.T. Basic Law Enforcement Course curriculum. I teach it so students don’t fail a comprehensive exam question. Then I spend equal time explaining the rule as it applies in the real world of 2022 street work. It’s called the “Stale or Cold Misdemeanor Rule”.

   This case law rule states if a misdemeanor is committed in an officer’s or deputy’s presence, and the suspect manages to elude capture within a reasonable time thereafter, in essence the suspect reaches “arrest safe haven”. If the suspect is observed the following day, even if there was probable cause to arrest yesterday, and there is still probable cause to arrest today, an arrest cannot take place. Reasonable time thereafter (contemporaneous) is interpreted in these older (ancient ) cases as continuous investigation to apprehend the suspect. I submit to you that continuous investigation on a misdemeanor crime is not feasible in most of our jurisdictions because here comes the next call for service, then the next call for service, etc. You can’t say to your Sergeant - Can I have the rest of my shift off to look for the bad guy !

   There exists no California statute for the “Stale Misdemeanor Rule”. In fact, the Penal Code states that a peace officer may make an arrest based upon probable when a public offense (misdemeanor) has been committed in his/her presence (836(a)(1) P.C). The time parameters in 840 P.C.  for making a probable cause misdemeanor arrests make no reference to “stale” or “cold”.

   The “Stale Misdemeanor Rule” originated 114 years ago (Peo. v. Craig ....

© 2026 Legal Updates, LLC.
This content is protected by copyright law. Republishing or redistribution in any form without written permission is strictly prohibited. For licensing or reprint requests, contact support@legalupdates.com.