Pringle

In this case we hold that a police officer cannot be convicted of wilfully refusing to make an arrest when he arrests a person charged with a criminal offense but thereafter releases her en route to the police station, even if the release was preceded by the parties engaging in sexual relations during the trip. A jury convicted San Jose Police Officer Kevin B. Pringle of refusal by a peace officer to receive or arrest a person charged with a criminal offense (Pen. Code, § 142), but acquitted him of assault under color of authority (Pen. Code, § 149). We reverse the judgment of conviction.

On January 7, 1982, at 12:11 a.m., San Jose Police Sergeant David Longaker detained 19-year-old Sandra M. on suspicion of driving while intox icated. She was speeding and driving erratically. Sergeant Longaker made a radio request for a drunk driving patrol car. Officer Pringle responded.

Pringle arrived on the scene at 12:13 a.m. He conducted field sobriety tests, which Sandra failed. The officers concluded that she was legally intoxicated. Longaker told Pringle to “take her in and process her.”

Pringle announced that Sandra was under arrest for driving while intoxicated. He…