Needing to settle a debate; would viewing an offense via surveillance footage fall within the realm of CCP 14.01, Offenses within presence or view of peace officer? Theoretical scenario would be a misdemeanor theft, wherein the suspect abandoned the property prior to the officer’s arrival (negating 18.16), but there is video surveillance readily available (not extending the duration of the detention) of the offense which the officer can view.
If anyone knows of a legal opinion or case law that would put me in the right direction, I would greatly appreciate it, I’m one of the oddball cops that likes reading case law.
The Court of Appeals cited 14.01 as supporting the legality of an arrest made by an officer who had viewed a surveillance recording of a theft from a pawn shop in Murray. Murray Obviously, when the statute was enacted it did not contemplate a "view" involving a video recording, but there is no reason to think viewing a video fails to qualify. Your question, however, seems to assume someone is detained before the video is viewed. That could be tricky so far as 14.01 is concerned. Good luck with the debate.
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