The following is a computer-generated transcription, some grammar and spelling errors may be inherent

Hey guys, it's Anthony Bandiero Here, attorney and senior legal instructor with Ble to Gold law enforcement training, bringing you another roadside chat from the studio. Let's get right into this. This question comes from California, and the officer is asking about the stale misdemeanor rule. So I guess the question is, is, what is the stale misdemeanor rule? Okay, I'm gonna give you a scenario to apply to, all right. The stale misdemeanor rule is a common law doctrine, that essentially means that if a crime was committed within the officer's presence, and he or she could arrest that person right then and there, right, but yet waits, and doesn't arrest and then arrest sometime down the road, let's say the next day, next week, whatever that makes that arrest. courts have held that that is a stale arrest, it's a still misdemeanor, and the appropriate response is not to arrest them anymore. But to submit a warrant request, or give them a citation and kick them loose. So the first thing is this stale misdemeanor rule is not really alive. And well, in many states. It is a live in California, but it's a very the case all on this doctrine is very limited. And the idea behind it is that, you know, we don't want this threat of arrest, hanging over people's heads that simply commit a misdemeanor and the officer's presence. And then, you know, because you have a year in a day, usually the file, right, the file the charges, we don't want this hanging over the person's head forever. So like, if you saw a person breaching the peace, right, disorderly conduct, let's just go with that disorderly conduct on Saturday, and you go up to them and say, hey, you know, knock it off, right? Or, or you don't do anything? And then you don't, you know, and then the next week, you see the same guy. And you decide just to arrest them for that disorderly conduct happened last week, the courts don't see that being legitimate for a misdemeanor that you didn't arrest for before. Okay, so there it is. It's, it's, again, a very rarely used doctrine in courts. But let's apply it to some facts. So my officer friend here says, Look, cops investigated domestic, right. And the husband is not home, he took off on foot, but we have probable cause. So the officer on that shift, writes a PC declaration for the husband, they handed off to the next shift and say, Hey, you can find them. Here you go, here's the, you know, here's the PC declaration, it's all ready to go. You can book them in the next shift finds them or the next morning, they find him, they then arrest him. Right. And we go to court. Are was that a still misdemeanor? And the answer, in my opinion, answer's no. Because one of the issues here is that that arrest is that arrest does not have to be I'm sorry, that crime does not have to be in the committed in the officer's presence, even begin with think about it, the state legislature has told cops in California, that you can arrest somebody for domestic even if it was never come in your presence. So I think that it gets around the whole system, that still misdemeanor rule from the very beginning. Right. So that's why I don't think it's an issue. So now we do have we have probable cause it's a lawful arrest. You know, he was in a public place we found them or, you know, we lawfully got into the house, whatever. I don't think it's a problem. All right. So while resting, if you found drugs on his person, a gun, whatever, I think that evidence is coming in, it's not going to be suppressed on the stale misdemeanor doctrine. My final point is don't this is just more for fun, little academic. If you're da really has a problem with arresting somebody later for a misdemeanor, like domestic or whatever, they'll let you know, if it's not a problem for them. It's not a problem for you. This issue doesn't come up much so I wouldn't worry too much about it. Anyway. So it's kind of academic in a sense, but it is a very good question, especially in California, because they do have the still misdemeanor rule. Alright. Hope it helps guys. hit like or comment if you like what I'm doing. Hit subscribe, share with your friends. Also visit Blue Gold comm see what we're doing there? Right, our live training and so forth. And until next time, my friends stay safe
when it comes to law enforcement training, We are the gold standard visit blue to gold.com or call 888-579-7796 to learn more about our training books and free webinars Also don't forget to like, subscribe and share this channel