Can a minor be charged under section 1983 of the Criminal Code if he is arrested at the scene or at the arresting agency prior to his release?
MultiRegion, United States of America
The following excerpt is from Dillman v. Tuolumne Cnty., 1:13-CV-00404 LJO SKO (E.D. Cal. 2013):
at the scene or at the arresting agency prior to release" on a misdemeanor charge); Washburn v. Fagan, 331 F. App'x 490, 492 n. 1 (9th Cir. 2009) (rejecting section 1983 challenge to reasonableness of arrest where officers declined to cite misdemeanor arrestee in the field and instead brought him to the station for booking, finding this conduct in conformity with California law).
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
In what circumstances will a defendant be charged with a criminal charge if he and his codefendants were arrested in the same criminal investigation? (MultiRegion, United States of America)
If a defendant is released from supervised release under supervision under section 3553(e)(4) of the Criminal Code, can he be placed under house arrest? (MultiRegion, United States of America)
When counting criminal convictions for career offender purposes under section 4A1.2 of the Criminal Code, is the criminal conviction of a career offender included in the criminal record calculation? (MultiRegion, United States of America)
Is a minor criminal offence included in the criminal history of a defendant under section 4A1.2(c)(2) of the Criminal Code? (MultiRegion, United States of America)
Is a minor criminal offence included in the criminal history of a defendant in the Criminal History of the Criminal Code? (MultiRegion, United States of America)
In determining whether to depart upwards under Section 4A1.3 of the Criminal Code, can a defendant's prior arrest record be used to determine if they have a criminal record? (MultiRegion, United States of America)
If a defendant is convicted of a charge under Section 1983 of the Criminal Code, can they seek damages under the same section after pleading guilty to the same charge? (MultiRegion, United States of America)
Does Section 871(a) of the Criminal Code require a defendant to give notice of the charge under section 871 of the Civil Code of Civil Procedure? (MultiRegion, United States of America)
If a minor criminal is arrested for a minor crime, can a strip and cavity search be carried out in prison? (MultiRegion, United States of America)
Can a criminal charge of negligent non-compliance with section 3161(b) of the Criminal Code be dismissed without prejudice? (MultiRegion, United States of America)
