"On Saturday, June 16, the Humboldt State University Police Department was working a multi-agency operation targeting alcohol violations. In conjunction with this operation, two arrests were made off campus at 9th and F streets in Arcata. The University is looking into circumstances surrounding these arrests, as well as videos that have been shared."
"University Police officers made a traffic stop at 8:21 p.m., after seeing the passenger of a vehicle hanging dangerously out of the sunroof. That person, a juvenile, was arrested on suspicion of providing false identification to a peace officer, public intoxication, and battery on a peace officer."
"Following that arrest, another passenger in the vehicle, Samantha Alonso Luna, was arrested following an altercation with a UPD officer. Alonso Luna was booked on suspicion of resisting arrest, battery on a peace officer, public intoxication, and providing false identification to a police officer."
"HSU President Lisa Rossbacher and UPD Chief Donn Peterson are aware of the incident, and have reviewed video of the arrest. Peterson says that there was reasonable cause to conduct the initial stop and investigate the alcohol violations that were subsequently observed. All video relating the incident is being reviewed and there will be a transparent and independent review of the arrest as well as a full internal review."
“We take underage drinking very seriously,” Peterson says. “The stop and what occurred afterwards will be thoroughly reviewed by the District Attorney.”
“I have seen the video of this arrest, and I have confidence that Chief Peterson and our University Police will conduct a thorough review,” says Rossbacher. “The external review will give our University community the opportunity to understand this incident in a full and fair light.”
"Alonso Luna is not an HSU student. The name of the other arrestee is being withheld because the person is a minor."
"UPD regularly assists enforcement relating to underage drinking, as well as to keep vendors and establishments in compliance with laws that restrict providing alcohol to minors."
-UPD Press Release-
Samantha Luna was released on OR after 4 hours.
Link to Samantha Luna's Facebook videos. The tweets cannot be retrieved. The videos are from Samanta Luna's facebook page and may not represent the entire interaction.
https://m.facebook.com/story.php?story_fbid=596918417357719&id=100011186974336
I watched these viral videos and read some of the coverage. This will be an interesting case. I think there was clear probable cause to stop the vehicle as the minor was placing part of their body through the sun roof of the car. Once a car is stopped police for officer safety have the right under most circumstances to order the driver out of the vehicle. The issue in this case will turn on the fact that Ms. Luna was not the minor nor the driver of the vehicle. The US Supreme Court addressed this in a very similar case called Brendlin v. California and ruled that a vehicle/driver seizure does not give law enforcement automatic detention authority over passengers. Law enforcement are allowed to ask passengers to identify themselves, by providing name and date of birth. Ms. Luna did provide that. I think the confusion will come in this case is Did Ms. Luna flunk what is frequently called the attitude test? Yes she did. She should have toned down her approach and none of this would probably have ever happened BUT in the true eyes of the law there is NO such thing called the attitude test. Rather in order to convict someone of 148(a)(1) Resisting Arrest, there actually has to be a lawful basis for the arrest. As I have laid out, there is not proper basis for the seizure-arrest of the passenger here. The relevant CALCRIM is 2670, and states in a portion the following, “[A peace officer is not lawfully performing his or her duties if he or sheis (unlawfully arresting or detaining someone/ [or] using unreasonableor excessive force in his or her duties). Instruction 2670 explains (whenan arrest or detention is unlawful/ [and] when force is unreasonable orexcessive).]. So for me the act of the officer pulling Ms. Luna out of the car was not lawful. There was no lawful arrest that gave her the ability to lawfully resist as in a sense she is literally being falsely imprisoned. Also a claim made by the officer that Luna was drunk in public, or in violation of 647(f) of the Penal Code will not suffice. Many do not understand this law and fail to appreciate the standard for a violation of that offense. It requires more than just being drunk in public. Rather the person must also be a danger to themselves or to others. Just from watching the video and factoring that she was merely the passenger there is scant evidence that she will meet that standard. There are serious problems with this case from the criminal realm.
ReplyDeleteIf the officer believes the suspect has given a false name and the under age suspect is inebriated I think that falls under reasonable suspicion and an arrest is warranted. The Officer gave a lawful order for the suspect to exit the vehicle. Non compliance at that point is not a right anyone has. If it was an unlawful arrest, which I do not think this is the case, you must still comply and allow yourself to be arrested. At that point, get a lawyer and tell it to the judge.
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