Only Three (3) Grounds For Custodial Arrest For An Infraction.

Plaintiff was standing inside a playground surrounded by a fence that had “No Trespassing” signs posted at every entrance. Two police officers arrested him for trespassing and took him to the police station where he was cited for trespass and released. Later plaintiff filed an action against the police officers and the city for violating 42 U.S.C. § 1983, alleging he was unlawfully arrested in violation of the Fourth Amendment. The district court ruled that as a matter of law the police officers had probable cause to arrest plaintiff under California Penal Code section 602(l) [now section 602(m)] or section 602.8. The Ninth Circuit reversed, holding that Penal Code section 853.5 provides the exclusive grounds for custodial arrest of a person arrested for an infraction: (1) the arrestee refuses to sign a written promise to appear; (2) the arrestee is unable to produce satisfactory identification; or (3) the arrestee refuses to provide a thumbprint or fingerprint. Edgerly v. City and County of San Francisco (Ninth Circuit; April 10, 2010) (Case No. 11-15655).