The three officers then went to the appellant's home, accompanied by Mr. Ferrari, who went along to identify the ring and to identify the appellant who was the suspected thief. They arrived at appellant's home about p. The appellant opened the door and granted the officers permission to enter her apartment. Immediately they noticed that she and her small son were fully dressed and that each of them was either wearing a coat or had a coat at hand. Ferrari immediately demanded that appellant return the ring which she had taken, but appellant denied having the ring.
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Sergeant Peters then placed appellant under arrest and a search of the apartment was conducted. The search revealed that all the personal effects in the apartment were packed in boxes or suitcases. Appellant explained this, saying that she and her husband and son were planning to take an [ Cal. While the search was conducted, the officers asked respondent John Ferrari to draw a picture of the ring.
Appellant bent over Ferrari while he was doing this and corrected several mistakes he had made while drawing the diagram of the ring.
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Previously appellant had denied ever having seen the ring or having heard of it. The appellant's leather key case was examined and found to contain a circular impression as if someone had placed a round object within the case and pressed down upon it.
After the officers completed their search without discovering the ring, Sergeant Peters instructed Officers Duncan and Bristol to transport appellant to the city police station where the city jail is also located. This was done and the appellant was booked and admitted to jail in accordance with departmental regulations. Officer Bristol testified that the San Diego Police Department's procedure with regard to admitting arrested prisoners to jail was as follows:.
What is standard police procedure with regard to bringing in an arrested prisoner? Department policy has it that on any arrest, with the exception of a common, ordinary drunk, the booking slip, as I explained yesterday, has the charge, the arresting officer's location, the division that is making the arrest, the statement of the Patrol Captain or Lieutenant whichever it may be at the time.
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The circumstances relating to the case and the arrest are related to the Patrol Captain and he then either signs the slip or makes some disposition of it, as to the calling in the defendant or signing the slip right there or releasing the prisoner, whatever the situation may be. After the slip is signed, if it is signed, the person is deposited in the jail by the arresting officer.
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Section 4, part 2 of the San Diego Police Manual, prescribes the duties of the patrol captain, in subsections a and e , as follows:. He shall also review their booking and shall determine that the proper charge is placed against them or if the facts do not [ Cal. Officer Bristol testified that as soon as appellant arrived at the city police station he took a booking slip to the patrol captain and related the circumstances out of which appellant's arrest arose.
After the patrol captain signed the slip and approved appellant's booking on a felony grand theft charge, appellant was turned over to the officers in charge of the jail and confined therein. Officer Van Cleave, a defendant herein, was a sergeant in charge of the booking detail at the time appellant was admitted to jail. He testified that he was jail sergeant on the night that appellant was booked, and that, although he did not remember the appellant specifically, a person was booked for grand theft on that night.
He also testified that the procedure at the San Diego jail was that no person charged with a felony could be accepted by the jail crew except by having a signed booking slip presented and that no jailer could release any prisoner except on competent authority either by court order or by release from the commanding officer in charge of the division involved.
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Van Cleave also testified that he went off duty the morning following appellant's incarceration and that the following two days were his days off and that he did not see appellant again until the time of trial, nor did he have anything to do with the investigation or handling of appellant's case after her booking. On the morning following appellant's arrest, her case was turned over for investigation to Officer Woods who was with the detective bureau in the burglary division investigating thefts.
He began investigating the case at 8 a. Officer Woods testified that during his initial interview of appellant on the morning following her arrest, she expressed a desire to get an attorney and obtain her release on bail. After some conversation, Officer Woods inferred that appellant did not have a great deal of money and he suggested that he would speed up the investigation as much as possible in an attempt to determine whether there was sufficient evidence to warrant filing a complaint or whether she should be released from custody without a complaint being filed.
Officer Woods informed appellant that she could call an attorney and be released from jail on bail, but that he would soon know whether a charge would be filed, and, by waiting, she might save the cost of the bail bond and attorney's fee. Appellant agreed with the [ Cal. Officer Woods testified that at the initial interview he had tentatively formed the opinion that appellant was innocent of the charge, but after completing his investigation his opinion was changed and he believed appellant to be guilty of the offense.
Nevertheless, he apparently concluded that there was insufficient evidence to sustain a prosecution.
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Appellant was released from custody on January 16 at about 2 p. There was testimony that after a felony case was turned over to the detective bureau for investigation, neither the arresting officers nor the officers in charge of the jail had authority to release the prisoner from custody. In such cases, where no complaint was filed, the chief of detectives had authority to release the prisoner by signing a release order which was then given to the jail crew who effectuated the release.
There was conflict in the evidence as to the date upon which appellant was released from jail. The release order under which the release was made contained a notation indicating that she was released on January A report prepared by Detective Woods about three weeks after appellant's arrest indicated that she was released on January 17, but he testified that he believed she was actually released on January Appellant testified that according to her recollection she thought she was released on Thursday, January The trial court found that defendants Bristol and Duncan arrested appellant without a warrant upon the Ferraris' complaint that appellant had committed felony, that there was sufficient probable cause to believe that appellant had committed a felony to justify her arrest without a warrant, and that appellant had not been damaged because of any false arrest occasioned by any of the defendants.
The court further found that defendants did not cause appellant to be falsely imprisoned in jail in the city of San Diego at the time alleged and that the appellant had not suffered any damage by reason of any false imprisonment occasioned by any of the defendants. Upon these findings, judgment was entered for the defendants.
Appellant's principal contention is that the court's finding that her arrest without a warrant was lawful because the arresting officers had reasonable or probable cause to believe that she had committed a felony is not supported by the evidence. Michel v. Smith, Cal. People v. Rick Mercer Final Report. The Fundies. Jacob Ardown and Olly Postanin. CITY, volume 6. Keiichi Arawi. The Goldblum Variations. Helen McClory. Le Petit Patito. The Body. Dear Girls.
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