Can police officers obtain a warrant for the arrest of Paul Shuey?

California, United States of America


The following excerpt is from Shuey v. Superior Court, 106 Cal.Rptr. 452, 30 Cal.App.3d 535 (Cal. App. 1973):

1. It is manifestly questionable whether, when they first arrived at the Shuey residence, the officers had enough information to justify the issuance [30 Cal.App.3d 539] of a warrant. Their conversation with Paul added nothing. (Tompkins v. Superior Court, 59 Cal.2d 65, 67--68, 27 Cal.Rptr. 889, 378 P.2d 113.) The fact is, however, that they did obtain a warrant. Its validity was not attacked at the 1538.5 hearing. We therefore assume it to have been valid.

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