California, United States of America
The following excerpt is from Rambeau, In re, 266 Cal.App.2d 1, 72 Cal.Rptr. 171 (Cal. App. 1968):
But the probation officer's report cannot be taken as justification for the arrest. There is nothing in the testimony of the arresting officer to show that the arresting officers were aware of what is contained in the report when the arrest was made. In fact, the 'several statements' that appellant had smoked marijuana may have been made after his arrest, by other arrested minors, or by other persons. The legality of an arrest must be measured by the information possessed by the arresting officer at the time of the arrest, and not by the total information gained later. (People v. Gallegos, 62 Cal.2d 176, 41 Cal.Rptr. 590, 397 P.2d 174.)
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.