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 ?