Is a police officer who takes advantage of a detainee's lawful restraint and engages in sexual acts for the improper purpose, such as sexual arousal or gratification, unlawfully restrain the detainee?

California, United States of America


The following excerpt is from People v. Arevalos, D061398 (Cal. App. 2013):

A police officer who takes advantage of a detainee's lawful restraint and "engages in acts for an improper purpose, such as sexual arousal or gratification . . . is unlawfully restrain[ing the detainee] during the illegal acts." (People v. Alford (1991) 235 Cal.App.3d 799, 804 [physical restraint of female inmates being transported between correctional facilities, although initially legal, became illegal during period when transporting officer sexually assaulted female inmate].)

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