The decision by the U.S. 9th Circuit Court of Appeals clears
the way for a man arrested for trespassing to obtain financial compensation
from San Francisco for being hauled to the police station and searched before
being released. (Gina Ferazzi / Los Angeles Times)
SAN FRANCISCO -- Police in California may not take into
custody someone cited for a mere infraction unless the person lacks
identification or refuses to sign a written promise to appear in court or
provide a fingerprint, a federal appeals court ruled Wednesday.
The decision by the U.S. 9thCircuit Court of Appeals clears
the way for a man arrested for trespassing to obtain financial compensation
from San Francisco for being hauled to the police station and searched before
being released.
An infraction, which is less serious than a misdemeanor, is
punishable by a fine and does not appear on a criminal record.
Wednesday's ruling stemmed from the 2000 arrest of Erris
Edgerly after San Francisco police spotted him standing inside a playground
near a housing project where he did not live. The fenced playground had “No
Trespassing” signs at each entrance.
The police did a pat-down search and then took Edgerly to a
police station, where he was searched again. No contraband was found, and
police released him with a citation for trespassing. He was never prosecuted
for the alleged offense.
Edgerly sued San Francisco and its Police Department for
false arrest and an illegal search in violation of his civil rights. A district
judge ruled that Edgerly’s arrest was proper, and a jury determined he had not
been strip-searched.
In overturning the lower court’s decision on the arrest, a
three-judge 9th Circuit panel said California’s penal code does not permit
someone to be taken into custody for an infraction unless the person lacks
identification or refuses to sign a paper to appear in court or provide a
fingerprint.
The ruling, written by Judge Raymond C. Fisher, directed the
district court to permit Edgerly to have his claim for damages heard by a jury.