Legal Opinion

Erris Edgerly v. City and County of San Francis

Court of Appeals for the Ninth Circuit

Decided April 10, 2013No. 11-15655PublishedCited by 8 opinions

1Opinion of the Court

OPINION

FISHER, Circuit Judge:

This appeal requires us to decide when a person arrested for an infraction may be taken into custody under California law. California Penal Code § 853.5 provides three narrow grounds for the nonrelease of a person arrested for an infraction. California Penal Code § 853.6(i) provides 10 broader grounds for the nonrelease of a person arrested for a misdemeanor. The defendants argue — and the district court ruled — that the grounds for custodial arrest specified in § 853.6(i) apply not only to misdemeanors but also to infractions. We disagree. Consistent with…

2Cases cited19 opinions

  1. Carvalho v. Equifax Information Services, LLCCourt of Appeals for the Ninth Circuit · 2010
  2. Harold Hall v. City of Los AngelesCourt of Appeals for the Ninth Circuit · 2012
  3. Martinez v. CombsCalifornia Supreme Court · 2010
  4. Edgerly v. City and County of San FranciscoCourt of Appeals for the Ninth Circuit · 2010
  5. Clem v. LomeliCourt of Appeals for the Ninth Circuit · 2009

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3Cited by8 opinions

  1. Timothy Barnes v. Chase Home Finance, LLCCourt of Appeals for the Ninth Circuit · 2019
  2. Brandon Hodges v. Comcast Cable CommunicationsCourt of Appeals for the Ninth Circuit · 2021
  3. Bijon Hill v. Walmart Inc.Court of Appeals for the Ninth Circuit · 2022
  4. Gonzales v. Marriott International, Inc.District Court, C.D. California · 2015
  5. United States v. Ben TanCourt of Appeals for the Ninth Circuit · 2021

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