Can a peace officer arrest a driver who has not been questioned?
California, United States of America
The following excerpt is from People v. Gibson, 220 Cal.App.2d 15, 33 Cal.Rptr. 775 (Cal. App. 1963):
In People v. Harris (1956) 146 Cal.App.2d 142, 145, 304 P.2d 178, 181, the court indicates that where, after stopping a motorist for investigation the 'questioning elicited answers consistent with innocence no basis was established for arresting him and searching him and his car.' How much more would this be true where no questions of the driver are asked.
'A peace officer * * * may, without a warrant, arrest a person: * * *
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