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 ....