In what circumstances will a defendant be charged with possession of a prohibited substance by police?

California, United States of America


The following excerpt is from People v. Superior Court (Bowden), 135 Cal.Rptr. 306, 65 Cal.App.3d 511 (Cal. App. 1976):

In People v. Bigham (1975) 49 Cal.App.3d 73, 122 Cal.Rptr. 252, an untested informant told police of purchases of drugs from defendant and police officers independently observed defendant's suspicious conduct. A police officer went to defendant's home for the purpose of conducting an investigation. The defendant upon seeing the police officer spun around and yelled, 'Jesus Christ, the cops.' He ignored the officer's commands to halt and ran into a garage. In Bigham the totality of the facts and circumstances was sufficient for the arrest of the defendant.

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