Q: If a person is illegally arrested can the officer culpable for the arrest be charged with kidnapping ?

A: In California, if a person is illegally arrested, it raises questions about the legality of the officer's actions. However, categorizing such an arrest as kidnapping under California law is complex and not straightforward. For an officer to be charged with kidnapping, it must be proven that the officer unlawfully moved another person a substantial distance, without the person's consent, by force or fear. Typically, arrests made by law enforcement officers, even if deemed illegal or improper, are conducted under the presumption of official duty and authority. Charges of kidnapping against an officer would require evidence of intent and action beyond the scope of an unlawful arrest, such as moving the person with no legal justification or authority whatsoever. More commonly, an illegal arrest could lead to civil rights lawsuits against the officer or the police department, and the officer might face internal disciplinary actions or charges related to misconduct or abuse of power, rather than kidnapping.

A: No, in California an officer cannot be charged with kidnapping for an illegal or improper arrest.

While a truly unjustified false arrest by a police officer may provide grounds for legal recourse in the form of lawsuits for things like civil rights violations or false imprisonment, the charge of kidnapping would generally not apply legally. Some key reasons:

- Police officers are granted legal exceptions to use reasonable force or detainment as part of their lawful duties under California law. So an on-duty arrest, even if improper or warrantless, is different legally than a kidnapping by a private citizen.

- Kidnapping requires criminal intent and motive - if an officer detained someone under official legal pretext, even if invalid or mistaken, criminal intent for kidnapping is harder to prove beyond reasonable doubt.

- Protections like qualified immunity also shield police officers from being personally criminally charged for actions taken on the job with some lawful basis or reasonable thought behind them.

However, serious cases of unjustified arrest can open officers up to administrative discipline or civil liability. But the criminal charge of kidnapping is generally not applicable to on duty police personnel unless clear evidence emerges that they acted for completely unauthorized criminal purposes. So for an ordinary illegal arrest situation - kidnapping criminal charges are not legally supported. Civil and departmental actions would more commonly occur.