Legal Question in Criminal Law in California

If police believe a suspect is guilty of a crime on which the statute of limitations has not yet run, then they can arrest him. The delayed report might make the case harder to prove, but there is no reason why it should bar an arrest or prosecution.

I disagree with Mr. Hoffman's generalized answer. His answer makes it appear that the police can arrest someone, at any time, based on someone else's say so.

Peace officers can always arrest someone when there is an arrest warrant. Those warrants can be based on a complaint or information, or could possibly be what is commonly called a "Ramey" warrant.

You don't mention a warrant, which is an issue that should be discussed with an attorney. Penal Code section 836 provides that a peace officer may arrest a person, without a warrant, in the following situations:

1. The officer has probable cause to believe that the person to be arrested has committed a public offense in the officer's presence.

2. The person arrested has committed a felony, although not in the officer's presence.

3. The officer has probable cause to believe that the person to be arrested has committed a felony, whether or not a felony, in fact, has been committed.

There are also special provisions for peace officers to make arrests in domestic violence situations.

You really need to speak in private with a competent criminal defense attorney about these issues. An arrest constitutes a seizure within the meaning of your federal constitutional rights, and an improper arrest can be treated as a improper seizure giving you various remedies in both the criminal and civil justice systems.

I appreciate Mr. Roach's clarification. Whether the stop you describe was proper does indeed depend on the circumstances. I did not mean to suggest otherwise. You seemed to hope the answer was always no, and it isn't. But it isn't always yes either.