Thanks for the clarification although it prompts another question. Does the issuance of a warrant remove the civil liability that's implied in a citizen's arrest before the misdemeanor offense becomes "stale"? In other words, does the warrant mean the arresting agency is making the arrest on "probable cause" versus the latter?
Also, (since I suspect you're with an agency and have the right answers) why do so many SPD officers and their supervisors still ask for a "Citizen's Arrest" on felonies when the Penal Code is so clear that anyone can arrest for a felony even if not in one's presence?
Lastly, we've not heard from Impeach98 since his offer to answer some questions on the 12th. I hope he hasn't been kidnapped by Davis goons. I've cited three Incident Reports and one possible Crime Report that I can find so far. The silence is making me scratch my head. You all might be interested in excerpts from the KFI interview.
KFI Interview - Felony charges for assault on child.
If all these charges are being weighed, why isn't there any effort being made here to back the victims and show the DA there's a compelling interest to prosecute to the max? I'm digging for more hard facts today... a week after the incident. I hope there's more substance than smoke. Not hearing from the players is disturbing at best.
When a case is submitted to the DA's office it is screened to make sure that the elements of the crime are present and the case can result in a conviction. After that, it is submitted to a Judge who reviews it and signs the warrant requested by the Detective who submitted the original case. Remember what a warrant is - It is an order by the Judge to bring the body to the court. Any officer who serves the warrant is acting on the orders of the court, and he is immune from civil liability for serving the warrant because he is doing what the Judge ordered. (Immune as long as there are no further issues, like "malice" in obtaining the warrant, or the use of unreasonable force.)
Probable cause is always an issue when an arrest is made without a warrant. However, if an arrest is made pursuant to a warrant, there is no longer a probable cause issue regarding the arrest itself. An attorney can still challenge the issuance of the warrant, but he has to show the Judge that he made a mistake in signing the warrant.
The statute of limitations on misdemeanors is one year. A case must be filed with the court within one year of the incident, otherwise the case is dead.
"why do so many SPD officers and their supervisors still ask for a "Citizen's Arrest" on felonies when the Penal Code is so clear that anyone can arrest for a felony even if not in one's presence?"
I suspect this is a protection from civil liability lawsuits for false arrest. Officers and their agencies have been immune from civil liability when the citizen makes an arrest for misdemeanors. It makes sense for the officer's Department from a civil liability standpoint to have the citizen make the arrest even in a felony incident. When a lawsuit is filed the officer points to the citizen and says "Hey, he made the arrest and I followed the law in accepting the arrest."
"I hope there's more substance than smoke. Not hearing from the players is disturbing at best."
Any given case can take a LONG time between the reporting of the incident to the issuance of a warrant. And Misdemeanors can take 6 months to get filed in some jurisdictions. If it's hot enough, it can be done fairly quickly. Otherwise, it can take a LONG LONG time and the victims have to keep pressure on the Police Agency and the District Attorney's office if they drag their feet.
And of course a disclaimer. I am not a lawyer and none of this is meant as legal advice. Only a lawyer really familiar with the laws in these areas can give a truly definitive answer. (I hope I answered your questions adequately) - :)