"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.

   In March 2022, I posted an article in “From the Classroom” titled “Stale or Cold Misdemeanor Rule – A Fossil” and my case law reasoning on why this rule is no longer authoritative. I’ve been attempting to have P.O.S.T review the Basic Course LD #15 – Laws of Arrest and 832 P.C. curriculums ever since two U.S. decisions (Atwater v. City of Lago Vista, Texas in 2001 and Virginia v. Moore in 2008) were decided. These decisions ruled that as long as an arrest is based on probable cause, it is legal under the Fourth Amendment without reference to crime classification or a time restriction when an arrest can be made.

   I am happy to report that today I learned from P.O.S.T. that this subject area has been deleted from the Basic Course and 832 P.C. curriculums and students will no receive instruction in this area!

Example: If a misdemeanor offense occurred in the presence of an officer or deputy yesterday, the suspect manages to elude capture, and he/she is observed one day, two days, etc. later, a probable cause arrest in lawful. Please refer to your department policy regarding taking custody (834 P.C), issuing a misdemeanor citation (853.6 et. al. P.C.), or detaining/investigating and submitting the case for a criminal complaint under these circumstances.

   Thanks to P.O.S.T. Consultant Raymund Nanadiego for taking the time to listen and facilitating this needed instructional change.

Stay Safe,

RH