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Re:Statute of Limitations (California) for Straight Up Prostitution
Ace In The Hole 18036 reads
posted

Since §647(b) CPC is a misdemeanor, the crime has to be witnessed by the police.  The police cannot affect a misdemeanor arrest based on probable cause, as is the case in a felony.  Therefore, how would a situation occur wherein the police conduct an investigation on a misdemeanor and make an arrest at a later date?  I understand there are misdemeanor arrest warrants, but they must still be based on the police, or someone else witnessing the crime.

FELONY: If I reported to the police that I had been robbed, the police could arrest the identified suspect based on my statement.  They would have probable cause to do so.

MISDEMEANOR: If I reported to the police that I just paid for sex, there is nothing the police can do since they did not witness the crime.

My question:  Is it somehow possible to be arrested for §647(b) CPC, a misdemeanor, wherein the police did not witness the violation?  

liberalman18491 reads

I just posted this on the LA Discussion site, but thought it should also appear here.

The statute of limitations for any prosecutorial agency to charge a person with a misdemeanor prostitution offense is one year, People v. Whitfield, 19 Cal App 4th 1652, 1658 (1993).  In order to charge someone with prostitution, an indictment or information must be filed by the prosecuting government body, Id, at page 1659.  Thus, if any time over one year elapses from the date an act of prostitution is committed, and the relevant prosecutor has not filed charges, the would-be defendant is home free.

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Ace In The Hole18037 reads

Since §647(b) CPC is a misdemeanor, the crime has to be witnessed by the police.  The police cannot affect a misdemeanor arrest based on probable cause, as is the case in a felony.  Therefore, how would a situation occur wherein the police conduct an investigation on a misdemeanor and make an arrest at a later date?  I understand there are misdemeanor arrest warrants, but they must still be based on the police, or someone else witnessing the crime.

FELONY: If I reported to the police that I had been robbed, the police could arrest the identified suspect based on my statement.  They would have probable cause to do so.

MISDEMEANOR: If I reported to the police that I just paid for sex, there is nothing the police can do since they did not witness the crime.

My question:  Is it somehow possible to be arrested for §647(b) CPC, a misdemeanor, wherein the police did not witness the violation?  

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jdtelstar15444 reads

No.  The police might be able to get a search warrant based on a reliable informant but then would be only able to arrest for "other crimes" discovered pursuant to the search.

However, a citizen can swear out a misdemeanor warrant but must have viwed the offense, i.e. assault and battery, wreckless driving, etc

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