Subscriber Question: Is Viewing Video Acceptable Probable Cause for Misdemeanor Arrest Committed Outside an Officer’s Presence?

From the Classroom
By Ray Hill
Professor Emeritus, Santa Rosa Junior College 

Legal Issue 

Viewing Video Footage as Probable Cause to Arrest for a Misdemeanor Committed Outside an Officer’s Presence 

This article is written in response to question posed by Sgt. John Johnson of the San Diego County Sheriff’s Office: “Could you address when it comes to misdemeanor arrests, specifically video surveillance as “in presence.” 

Many thanks to Bob Phillips, Deputy District Attorney (retired) San Diego County District Attorney’s Office, for his contributions to this article. His responses are included along with references to The Fourth Amendment and Search and Seizure: An Update (February 2025) available exclusively to our Pro Subscribers. 

Discussion 

Under 836(a)(1) P.C., “in presence” is commonly interpreted as having personal knowledge that the offense in question has been committed or made known to the officer through any of the officer’s five senses (Peo. v. Burgess (1959) 170 Cal.App.2nd 36, 41).  

Example 

The crime of making annoying or ....