The suspect in the Planet Fitness Peeping Tom case remains free, and it is due to a technicality in California state law.
Jeremy Burns, a spokesperson for the Arroyo Grande Police Department, told TMZ that officers have not been able to arrest Kyle L.
Combs because his alleged crimes are considered misdemeanors in California.
According to Burns, police can only make a misdemeanor arrest when they witness the offense firsthand. The alleged evidence in the case is not sufficient for an arrest.
If Combs were charged with felonies, police could have arrested him immediately.
Instead, the case has been turned over to the district attorney, and authorities are waiting for a charging decision before taking him into custody.
Police say Combs sneaked into tanning booth rooms at Planet Fitness and recorded people who were partially or fully nude.
He allegedly did this discreetly while victims were distracted by phones or earbuds.
Investigators reportedly identified Combs through surveillance video and witness reports. He is accused of taking more than 50 videos of people in the tanning booth last year.
