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SCHMIDT v. CALIFORNIA HIGHWAY PATROL

No. B260643.

1 Cal.App.5th 1287 (2016)

205 Cal. Rptr. 3d 613

JOHN J. SCHMIDT, Plaintiff and Respondent, v. CALIFORNIA HIGHWAY PATROL, Defendant and Appellant.

Court of Appeals of California, Second District, Division Six.

August 1, 2016.

Attorney(s) appearing for the Case

Kamala D. Harris , Attorney General, Chris A. Knudsen , Assistant Attorney General, Kenneth C. Jones and Nancy G. James , Deputy Attorneys General, for Defendant and Appellant.

Law Office of Robin L. Unander, Robin L. Unander ; Law Offices of William C. Mailer and William C. Makler for Plaintiff and Respondent.

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...

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