BILL ANALYSIS
SENATE RULES COMMITTEE SB 1379
Office of Senate Floor Analyses
1020 N Street, Suite 524
(916) 445-6614 Fax: (916) 327-4478
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THIRD READING
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Bill No: SB 1379
Author: Peace (D)
Amended: 4/24/96
Vote: 21
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SENATE CRIMINAL PROCEDURE COMMITTEE: 5-0, 5/7/96
AYES: Johnson, Kopp, Polanco, Watson, Marks
NOT VOTING: Boatwright
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SUBJECT: Arrest warrants
SOURCE: Author
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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
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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.
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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.
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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
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