Man Scales UC Berkeley Student's Apartment Gate After Alleged Chase; Police Cannot Arrest
Surveillance footage shows a man entering a secured apartment complex behind a student, but authorities state California law prevents a warrantless arrest for a misdemeanor that did not occur in their presence.
A UC Berkeley student was reportedly chased by a homeless man who then scaled a locked gate to enter her apartment complex, an incident captured on chilling surveillance video. The man was later identified by police but was not arrested, as California law generally prohibits warrantless arrests for misdemeanors not committed in an officer's presence.
The encounter occurred on September 15 in Berkeley, California. Security footage shows the student entering her apartment complex around 8 p.m. Seconds later, a man climbs over the gate and allegedly follows her inside. The student, identified only as Eden for safety reasons, told ABC7 that the man had made strange gestures before running toward her as she walked her dog.
She managed to enter the secured complex and reach an elevator before the man could see where she had gone. "I shut the gate behind me, heard him and saw him climbing the gate," Eden recounted.
Berkeley police responded to the student's call at approximately 8:04 p.m. However, patrol officers were occupied with other high-priority emergencies at the time, including a domestic violence case and a missing person report. Eden stated that officers arrived about an hour later but could not locate the man.
The following night, police received another call reporting the same man lying on a sidewalk nearby. Officers responded, detained, and identified him. Police confirmed he was the individual involved in the previous night's incident but stated they could not arrest him for trespassing as it had occurred the day before and not in their presence.
Instead of an arrest, investigators submitted the case to the Alameda County District Attorney’s Office for review to determine if criminal charges should be filed. The district attorney's office confirmed it was reviewing the case, and as of Monday, no charges had been filed.
Eden expressed her dismay that the man could allegedly chase her into a secured building and then walk free after being identified by police. She called for stronger laws and enhanced protections for residents, according to the outlet.
UC Berkeley and the Alameda County District Attorney’s Office did not immediately respond to requests for comment.