Here's the first paragraph of today's opinion:
"Penal Code section 849.5 provides that if a person is arrested and released
and no accusatory pleading is filed, the arrest shall be deemed a detention only.
1
Section
851.6, subdivision (b) provides that the arresting law enforcement agency shall issue the
person a certificate describing the action as a detention. Subdivision (d) of the section
provides that the official criminal records shall delete any reference to an arrest and refer
to the action as a detention."
Interesting. Didn't know that.
Next sentence:
"The California Highway Patrol (CHP) does not comply with
sections 849.5 and 851.6."
Uh, really?
"John J. Schmidt brought a class action against the CHP for a writ of
mandate to compel the CHP to comply."
Yeah. That sounds like a pretty good lawsuit.
"The trial court certified the class and granted
Schmidt’s writ petition. The court also awarded Schmidt attorney fees pursuant to Code
of Civil Procedure section 1021.5, the private attorney general statute."
I'm not surprised.
"We affirm."
I can see why.
