What is the test for interpretation of section 830.33 of the California Statutory Code of Civil Procedure on the grounds that a police officer's primary duty is if the police enforce the law against a minor offender?
California, United States of America
The following excerpt is from People v. Pennington, 221 Cal.Rptr.3d 448, 3 Cal.5th 786, 400 P.3d 14 (Cal. 2017):
The People defend their interpretation of section 830.33 by invoking the "last antecedent" and "nearest reasonable referent" canons of statutory construction. (See generally People v. Lewis (2008) 43 Cal.4th 415, 492, 75 Cal.Rptr.3d 588, 181 P.3d 947 [" "qualifying words, phrases and clauses are to be applied to the words or phrases immediately preceding and are not to be construed as extending to or including others more remote." "].) By this the People mean the phrase"if the primary duty of the peace officer is"appears closer in the sentence to the immediately following phrase"the enforcement of the law"and must therefore modify only that phrase and not also the subsequent phrase"when performing necessary duties...." ( 830.33, subd. (b).)
[3 Cal.5th 797]
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