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Old April 17, 2010, 01:36 PM   #9
Frank Ettin
Join Date: November 23, 2005
Location: California - San Francisco
Posts: 8,813
Originally Posted by JohnKSa
...Does the safe passage law actually prevent you from being arrested? Or is it just a defense to prosecution?

I've always had the idea that the law would keep you from being convicted but wouldn't necessarily prevent you from taking a ride downtown.
There's no such thing as a law that will keep you from being arrested. If an LEO really wants to arrest you, and can't be talked out of it by, say another LEO or his supervisor, you're going downtown and through the routine. You may have, in fact, violated no law; and the arrest may be 110% bogus, but if a cop wants to take you for a ride, you'll be going (unless you really and truly want to put up a fight, in which case you may wind up with a whole lot of other problems).

What the law gives you is (1) a defense; and (2) a claim for damages if the arrest was sufficiently out of line. And of course LEOs who keep wasting the resources of their employing agencies by arresting people on charges that can't be sustained, and thus keep exposing their employing agencies to expensive litigation, probably don't get to be LEOs for a long time.
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