Avoiding Santa Barbara Police

A great strategy for avoiding legal trouble is to avoid police encounters. The key to avoiding Santa Barbara police encounters is knowing about the police: who they are, where they are, when they patrol, and what they are looking for.

Who they are

The Santa Barbara Police Department patrols the City of Santa Barbara. The Santa Barbara Sheriff’s Department also independently patrols the City of Santa Barbara because it is in the County of Santa Barbara.

Where they are

According to the Santa Barbara Police Department Community Crime Map, a large number of police encounters occur between Figueroa and Gutierrez Streets around State Street. A large number of encounters also occur in the Funk Zone and on the Eastside (between State Street and Milpas Streets). The odds of avoiding Santa Barbara police increases greatly if you avoid these specific areas.

When they patrol

The police and sheriff patrols Santa Barbara at all times of the day and night. However, many of the police encounters listed on the Community Crime Map occur between 10pm and 1am.

Santa Barbara law enforcement has an especially strong presence at certain times of the year. One example of this is the first week of August for Fiesta.

What are they looking for

Many people will inevitably end up around lower State Street, the Funk Zone, or the Eastside between 10pm and 1am. It is not a crime to be in these areas and this is where people live and where they gather to party and socialize in Santa Barbara. Fiesta and other celebrations draw large crowds to these areas.

The main things law enforcement looks for are possession of drugs or alcohol, alcohol intoxication, and violent or aggressive conduct. They also look for theft and driving under the influence. Although law enforcement focuses on these behaviors, they will act to arrest any person if they have probable cause to believe that person committed a crime.

For people who decide to attend gatherings at the above places and times, avoiding certain behaviors is crucial to avoiding Santa Barbara police:

1. Do not openly carry alcohol in public.

Even if you are over 21, you are inviting a police encounter by openly carrying alcohol in public. This is true even if the container you are carrying is not an alcohol container. Holding red cup or water bottle is probably still suspicious enough to warrant a police encounter. If you do carry alcohol containers like alcohol or beer bottles it is best to keep them concealed inside a bag, purse, backpack, or other container.

2. Do not consent to a search of your private items.

If police stop you and ask you to look inside your bag, purse, backpack, etc., politely tell them that you do no consent to a search of your personal private property. If they demand to search your property, you should not resist. Instead, continue to state that you do not consent.

3. Do not be alone and intoxicated.

If you are under the influence of alcohol or drugs, do not wander alone. This gives police reason to believe you will be unable to care for yourself, which is grounds for arrest. Make sure you are with a group of friends that you trust, and who will not leave you behind.

4. Do not antagonize or offend the police.

Police expect to be treated with respect. Think of your first grade teacher. If you were to show them open hostility or disrespect, you would be headed straight to the principal’s office. If you are hostile or disrespectful to the police, you are likely to be headed straight to jail.

5. Do not get into altercations with bouncers or other people.

There are many bars and clubs in downtown Santa Barbara. If you are asked to leave, it is best to leave. If you refuse to leave, you may get into a physical altercation with a bouncer or other security. Police are much more likely to arrest a drunk person than a bouncer.

Santa Barbara attracts many people from outside areas. You are likely to encounter people you do not know if you are drinking at night in downtown Santa Barbara. Try to avoid getting into arguments or altercations with people you do not know. If you get into a fight, law enforcement could arrest you and charge you with a crime even if You can you did not initiate the fight.

6. Avoid sexual conduct while intoxicated.

It is great to meet people at bars or clubs. However, having sexual contact with someone who is intoxicated can result serious charges, including rape and sexual assault. The best practice is to meet people at bar or club, and then consider having sex once you have gotten to know each other better.

Want to learn more about avoiding Santa Barbara police? Contact RBX Law. We provide free consultations and lectures on police encounters.

Police Encounters

Police encounters can lead to an arrest, criminal charges, and other penalties. Knowing what to do during police encounters can make the difference between going free and facing arrest and criminal charges.

tips to stay safe during police encounters

Knowing your duties, rights, and law enforcement objectives can help you safely navigate an encounter with law enforcement. Below is a brief discussion of things to consider if the police stop you.

step 1: know your dutiespolice

police

Identify Yourself

You must identify yourself if police have probable cause to believe you committed a crime, have a warrant for your arrest, or are in violation of probation or parole.

Provide Your Driver’s License

You must provide your driver’s license if you are pulled over while driving.

Probation or Parole

You must admit that you are on probation or parole if doing so is a condition of your probation or parole.

step 2: know your rights

police

Remain Silent (5th Amendment)

Except for the duties above, you are not required to respond to questions.

Refuse Search (4th Amendment)

You do not have to allow police to search you, your possessions, or your vehicle, unless submitting to search is a condition of probation or parole.

Ask if You are Free to Leave (4th Amendment)

If you are not free to leave, law enforcement must have a reason for detaining you.

step 3: know the police

police

Authority

Authority figures do not like signs of disrespect, such as being ignored, or rude, impolite, or offensive behavior.

Crime-fighting

The modern policing focuses on crime-fighting. If police believe you are obstructing or delaying them from this objective, the could arrest you or use force against you.

Armed

Consider that most police are armed and some carry fully automatic assault weapons.

Immunity

Officers are immune to most civil lawsuit and rarely face criminal prosecution or internal discipline. Therefore, police have few if any consequences for harming you or violating your rights.

What Can I Say During a Police Encounter?

  1. I respect law enforcement and the job you do.
  2. However, I am not going to consent to a search of myself, my property, or my vehicle.
  3. I will not resist you, but I will not consent to my detention, search, or seizure.
  4. Nor will I answer any questions without my lawyer present.
  5. With that being said, am I free to leave?

What Can I Do if Police Violated My Rights?

If you can prove police misconduct, the judge could dismiss your criminal case. You could also sue the law enforcement for violating your established constitutional rights.


Misdemeanor Diversion Can Get Your Case Dismissed

Misdemeanor diversion under Penal Code section 1001.95 is possible for most misdemeanor charges. However, it is not available for misdemeanor violations of:

  • Penal Code § 273.5 (domestic violence);
  • Penal Code § 243(e) (domestic violence battery);
  • Penal Code § 646.9 (stalking); or
  • Any criminal conviction that requires registration under section 290 (sex offender registration).

Applying for Misdemeanor Diversion

  1. Ask the prosecutor for diversion. Many prosecutors offices already have a misdemeanor diversion program that they offer to defendants facing non-violent misdemeanor charges. Sometimes the prosecutor will offer diversion before any they file a criminal case. If the prosecutor does press charges, the defendant can still negotiate a diversion program with the prosecutor.
  2. Ask the Judge for diversion. Under Penal Code section 1001.95, the Judge may grant diversion even over the objection of the prosecutor. If the judge does grant diversion, the defendant must comply with the terms, conditions, and programs as ordered by the Judge.

Benefits of Diversion

If the judge grants diversion, criminal proceedings are suspended. If the defendant complies with all the terms, conditions, and program ordered by the Judge, at the end of the diversion period the judge must dismiss the case against the defendant.

Length of Diversion

Although diversion can be up to 24 months, it typically lasts 6 months to one year. For some prosecutor diversion programs, the length of diversion is 90 days. However, the defendant can ask the Judge to terminate diversion prematurely once they have successfully completed all conditions and programs.

Failing Misdemeanor Diversion

If the defendant does not comply with the terms and conditions of diversion, the judge will hold a hearing to determine whether to resume criminal proceedings. If the judge finds that the defendant has not complied with the terms and conditions, the criminal case against the defendant resumes.

Terms of Diversion

Terms and conditions of diversion are meant to address the criminal allegations. For example, if the charge is drunk in public, the judge could order the defendant to attend AA meetings or an alcohol course. For a petty theft charge, the judge could order the defendant to pay restitution for their damages and attend a theft awareness course.