Does a dismissal of an off-duty police officer for improper detention constitute an automatic grant of immunity to the suspected offender?

California, United States of America


The following excerpt is from People v. Valenzuela, 150 Cal.Rptr. 314, 86 Cal.App.3d 427 (Cal. App. 1978):

A dismissal would not remedy the officer's error or redress the pre-arraignment detention. An automatic grant of immunity to the suspected offender would be nothing but a reprisal against the public at [86 Cal.App.3d 432] large for the officer's neglect. This is a sanction which our courts have declined to impose for illegal or excessive detention. (See, e. g., People v. Bradford, supra, 70 Cal.2d 333, 344, 74 Cal.Rptr. 726, 450 P.2d 46.)

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