Can an arrest made pursuant to an invalid warrant nonetheless still be legal?
California, United States of America
The following excerpt is from People v. Sesslin, 67 Cal.Rptr. 409, 68 Cal.2d 418 (Cal. 1968):
5 The record contains no evidence that Officer Hargraves had probable cause to arrest defendant. We therefore need not reach the question whether there are circumstances under which an arrest made pursuant to an invalid warrant may nonetheless be legal. (Cf. People v. Chimel, 68 Cal.2d ---, 67 Cal.Rptr. 421, --- P.2d ---.)
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