What is a police officer's duty to protect the property of an arrestee?

California, United States of America


The following excerpt is from People v. Murillo, B257233 (Cal. App. 2016):

Had appellants not been accompanied by Colon, or had Colon also been arrested, the answer to this question would be fairly simple. Police officers have a duty to ensure that an arrestee's property is safeguarded from theft. (People v. Scigliano (1987) 196 Cal.App.3d 26, 29-30.) "The duty to protect an arrestee's property falls within the officer's 'community caretaking function' . . . ." (Id. at p. 29.) A routine inventory of the

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