Urinating in Public is a Misdemeanor Under 370 P.C. / 372 P.C.; Arrest For The Wrong Crime Section Does Not Violate The Fourth Amendment as long as there is Probable Cause To Arrest For A Criminal Violation

FROM THE CLASSROOM 
By: Ray Hill
Professor Emeritus, Santa Rosa J.C.

• Urinating in Public is a Misdemeanor Under 370 P.C. / 372 P.C.
• Arrest for  the Wrong Crime Section Does Not Violate the Fourth Amendment as Long as There is Probable Cause to Arrest for a Criminal Violation (Peo. v. McDonald (2006) 137 Cal. App. 4th 521).

I received an agency inquiry about male patrons relieving themselves in parking lots and pedestrian corridors in the city’s crowded bar/restaurant district. Though not the most serious crime on this planet, such conduct is a nuisance and offends the general public trying to enjoy a night out.

So here is a case on point that can used at your discretion.

An Oakland Police officer observed the defendant urinating in a restaurant parking lot (1123 hours / Within 10’-15” of a busy major street).  Being unable to confirm the defendant’s identity, the officer took a couple of shots at Penal Code violations and arrested the defendant for 374 / 374.4 P.C. A search incident to arrest recovered six rocks of cocaine.

374 P.C. is an infraction violation for the dumping of waste matter. Acts include throwing, dropping, placing,  or depositing any discarded, used, or leftover substance, including, but not limited to, a lighted or non lighted cigarette, cigar, match, or any flaming or glowing material, or any garbage, trash, refuse, paper, container, packaging or construction material, carcass of a dead animal, any nauseous or offensive matter of any kind, or any object likely to injure any person or create a traffic hazard.

374.4 P.C. ....

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