California, United States of America
The following excerpt is from Fobbs v. City of Los Angeles, 154 Cal.App.2d 464, 316 P.2d 668 (Cal. App. 1957):
'A narcotic inspector or peace officer who commits an unprovoked assault and battery on an individual without cause in apprehending him without a warrant on suspicion or upon mere information that the accused may be guilty of a misdemeanor[154 Cal.App.2d 469] becomes a trespasser and is liable as such for the injuries inflicted. Ordinarily an officer has no legal right to attempt to make an arrest for a misdemeanor on suspicion or even on mere information of another person without first procuring a warrant therefor.' This is not the case before us. In People v. Perry, 79 Cal.App.2d Supp. 906, 180 P.2d 465, the court found no evidence to show that the victim had committed any violation or any offense and accordingly ruled that the officer had no power to make the arrest for a misdemeanor without a warrant, and further that as a consequence, the victim could resist such an arrest. In the case engaging our attention, it will be remembered that a reasonable and logical request was in the process of being made to Fobbs by one of the policemen when Fobbs suddenly, and without provocation, hit him in the mouth. The arrest came shortly thereafter, and properly so.
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