Legal Question in Criminal Law in California

Re: Need to know rights when stopped by police

The police have a right to "briefly detain" a suspect to "investigate" if they have a "reasonable suspicion" to believe the person has committed a crime. This is a lesser standard than probable cause. They can arrest without a warrant only if they have "probable cause" to believe you committed a felony. This is defined as evidence or circumstances that would cause a reasonably skeptical police officer to believe you are probably guilty of the offense. The 4th amendment statement is kind of ludicrous...it represents your right as against the government to "due process of law". Cop crap, basically, reversing it. If they had arrested you, unless they had probable cause to believe you had committed a battery, yes, they could be subject to a false arrest suit, but the standard for civil suits against the police is somewhat lower than probable cause...it is "arguable probable cause", meaning they are immune from suit unless it was clearly a bad arrest. But lack of probable cause and the absence of a warrant would have been grounds to dismiss the charges at a preliminary hearing.