California Laws - Trespassing, Arrest et al If a misdemeanor was committed in the presence of a peace officer, no citizen's arrest is needed. We should wait for the facts though. Even then, this ALMOST sounds like "contempt of cop." Contempt of cop is not a crime. Basically if a cop asks you to do something and you refuse to do it even if you have a legal right to refuse, that makes you contemptuous toward the cop. This pisses off emotionally immature cops. So, they find something and anything to retaliate because they feel disrespected in some way. Sad to say this happens a lot but mainly with emotionally immature cops. It is possible that this cop felt disrespected, so he used possible an obscure law or ordinance to "get back at them." We need the facts!