Ramey

Ramey v. Murphy

Good Law
165 Cal. App. 3d 502·1985 Cal. App. LEXIS 1740·212 Cal. Rptr. 14
Court of Appeal of CaliforniaMarch 12, 1985No. A022622California2,593 words

Opinion

Lead Opinion

Low, J.

Even though arrests for violation of Penal Code section 647c 1 are made with the knowledge that relatively few will be prosecuted, such knowledge does not establish the officers acted in bad faith or without probable cause.

Plaintiffs instituted a taxpayers’ suit against defendants for declaratory and injunctive relief, alleging illegal expenditure of public funds because of *506 the San Francisco Police Department’s enforcement of section 647c and San Francisco Municipal (Police) Code sections 22 to 27. (Hereafter Police Code.) Plaintiffs appeal from that portion of the judgment entered in favor of defendants representing the San Francisco Police Department.

On appeal, plaintiffs contend that (1) section 647c arrests were routinely made in objective bad faith without a reasonable expectation that prosecution or conviction would follow; (2) such arrests were made without probable cause; (3) the trial court failed to resolve material controverted issues; (4) the court erroneously admitted and relied upon prejudicial evidence prepared by defendants; and (5) the court erred by not relying on court calendars and other court records prepared in the course of official…

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