Powers to ArrestQuestion 23 of 200
When a peace officer releases an arrestee under §849(b)(1) (insufficient grounds), Penal Code §849.5 treats the incident as:
a.A detention only, not an arrest, for all official records
b.An arrest that must remain on the person's criminal history
c.A conviction unless successfully expunged
d.A felony stop regardless of the underlying offense
Explanation
Penal Code §849.5 expressly provides that when a person is arrested and released under §849(b)(1), 'the arrest shall be deemed a detention only.' This protects the released person from carrying an arrest record where the officer concluded there was insufficient basis to proceed. Penal Code §851.6 reinforces this by requiring records to reflect a detention rather than an arrest. Options (b), (c), and (d) misstate the legal effect and would undermine the protective purpose of the statute.
Law Reference: Cal. Penal Code §849.5Practice all 200 questions free — no signup required.
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