When can a probation officer, parole officer, or peace officer revoke probation and rearrest a person?

California, United States of America


The following excerpt is from People v. Belche, 267 Cal.Rptr.3d 862, 53 Cal.App.5th 956 (Cal. App. 2020):

The Attorney General also relies on the following portion of section 1203.2: "At any time during the period of supervision of a person ..., if any probation officer, parole officer, or peace officer has probable cause to believe that the supervised person is violating any term or condition of the person's supervision, the officer may, without warrant or other process and at any time until the final disposition of the case, rearrest the supervised person and bring them before the court or the court may, in its discretion, issue a warrant for their rearrest." ( 1203.2, subd. (a).) The Attorney General emphasizes that the statute gives arresting authority "until the final disposition of the case," but this emphasis disregards the first clause limiting the reach of the statute to the period of supervision, i.e., the probationary period. The Attorney General also argues that, because subdivision (b)(1) of section 1202.3 refers to revocation and termination in the disjunctive ("the court may modify, revoke, or terminate supervision of the person"), revocation and termination are not the same thing. But this argument is unpersuasive because the effect of an order formally revoking probation along with a determination not to reinstate probation is termination of probation. ( People v. Latham (1988) 206 Cal.App.3d 27, 29, 253 Cal.Rptr. 379.)

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