BILL ANALYSIS                                                                                                                                                                                                    




SENATE RULES COMMITTEE                           SB 1379
Office of Senate Floor Analyses
1020 N Street, Suite 524
(916) 445-6614         Fax: (916) 327-4478
                                                              
                                                          .

                       THIRD READING
                                                              
                                                          .

Bill No:  SB 1379
Author:   Peace (D)
Amended:  4/24/96
Vote:     21
                                                              
                                                             
  .

 SENATE CRIMINAL PROCEDURE COMMITTEE:   5-0, 5/7/96
AYES:  Johnson, Kopp, Polanco, Watson, Marks
NOT VOTING:  Boatwright
                                                              
                                                          .

SUBJECT:    Arrest warrants

 SOURCE:     Author
                                                              
                                                          .

DIGEST:    This bill extends the  Ramey warrant procedure  
that was enacted last year to include misdemeanor cases.

The bill provides that a peace officer may make a  
warrantless probable cause arrest, under specified  
circumstances.

This bill codifies  Steagald v United States by explicitly  
listing as one of the grounds for a search warrant "a  
person for whom there is a warrant of arrest."

 ANALYSIS:    The Fourth Amendment of the Federal  
Constitution provides that "no warrants shall issue, but  
upon probable cause, supported by oath or affirmation, and  
particularly describing the place to be searched, and the  
?1                                                           
                                                             
CONTINUED





                                                     SB 1379
                                                      Page  
2

persons or things to be seized."

When a peace officer has obtained an arrest warrant, the  
officer may serve the warrant in a public place, or in the  
defendant's home.  The officer may not serve the arrest  
warrant in the home of a third party without first  
obtaining a search warrant.  ( Steagald v United States,  
(1981) 451 U.S. 204.)  If the police violate this  
judicially created restriction, the person whose home has  
been entered unlawfully has standing to object to evidence  
against him that was seized incident to the unlawful entry,  
but the arrestee named in the arrest warrant does not have  
standing to object to the search.

This bill codifies  Steagald.

In order to arrest a person in his/her home only an arrest  
warrant is necessary.  However, a search warrant must be  
obtained, absent exigent circumstances, in order to arrest  
a person, for whom an arrest warrant has been issued, in a  
third party's home.

This bill codifies  Steagald by explicitly listing as one of  
the grounds for a search warrant "a person for whom there  
is a warrant of arrest."

This provision was in SB 33 (Peace) Chapter 563, Stats.  
1995 when that bill passed out of the Senate Criminal  
Procedure Committee last year.  It was removed from the  
bill in Assembly Public Safety Committee.

Existing law provides that a peace officer may arrest a  
person, without a warrant, if they reasonably believe a  
felony has been committed.  However, in the absence of  
exigent circumstances, a warrant must be obtained prior to  
an intrusion into the home for the purpose of effecting an  
arrest.  Usually an arrest warrant is issued when a  
criminal complaint is filed and the criminal action is  
commenced, however,  Ramey, as it was codified by SB 33,  
provides for the issuance of an arrest warrant for a felony  
upon a showing of probable cause.  The issuance of a  
warrant of probable cause for arrest (a  Ramey warrant) does  
not begin the complaint process for the charging of a  
felony.
?2                                                           
 ?





                                                     SB 1379
                                                      Page  
3


This bill provides that the issuance of a warrant of  
probable cause for arrest also does not begin the complaint  
process charging a misdemeanor and thus allows the issuance  
of  Ramey warrants for misdemeanors.

Existing law provides that a peace officer may make a  
warrantless arrest if he/she has reasonable cause to  
believe that a person has been driving under the influence  
of alcohol or drugs (DUI) if the person was involved in a  
traffic accident or the person is observed in or about a  
vehicle that is obstructing a roadway.

This bill adds to the conditions under which a person may  
make a warrantless arrest for DUI providing that the  
person, unless immediately arrested will not be  
apprehended, may injure himself/herself or damage property  
or may destroy or conceal evidence of crime.

The purpose of this bill is to codify the case law which  
requires a search warrant to serve an arrest warrant in the  
home of a third party; to add to the circumstances for  
which a warrantless DUI arrest may be made and to specify  
that probable cause arrest warrants are not the basis for  
starting a criminal complaint in the municipal or justice  
courts which allows for  Ramey warrants to be issued for  
misdemeanors.

 Prior Legislation

SB 33 (Peace), Chapter 563 of 1995; Senate vote 36-0.

 FISCAL EFFECT:   Appropriation:  No   Fiscal Com.:  No    
Local:  No

 SUPPORT:   (Verified  5/7/96)

Los Angeles County District Attorney

 ARGUMENTS IN SUPPORT:    According to the author's office,  
"A peace officer may arrest a person, without a warrant, if  
he or she reasonably believes a felony has been committed.   
An arrest warrant is necessary to arrest a person in their  
home or in a business not readily accessible to the public.  
?3                                                           
 ?





                                                     SB 1379
                                                      Page  
4

 However, all that is needed is an arrest warrant to  
effectuate an arrest in the person's residence or place of  
business.  This was codified as part of SB 33.

"However, a search warrant must be obtained, absent exigent  
circumstance, in order to arrest a person, for whom an  
arrest warrant has been issued, in a third party's home.   
However, there is no statutory authorization for  Steagald  
warrants.

"This bill explicitly lists as one of the grounds for a  
search warrant "a person for whom there is a warrant of  
arrest."  The County of Los Angeles already has a form for  
a " Steagald" warrant which they use when searching a third  
party's home for an individual for whom an arrest warrant  
has been issued.

This bill would bring the state into compliance with  
 Steagald by providing that a search warrant may be issued  
to search for a person when there is a warrant to arrest a  
person or where he or she is the crime. 

 
RJG:ctl  5/8/96  Senate Floor Analyses
              SUPPORT/OPPOSITION:  SEE ABOVE
                      ****  END  **** 


















?4                                                           
 ?