In what circumstances will the police be required to interview the petitioner on the charge that he received stolen property?

California, United States of America


The following excerpt is from Pollock v. Superior Court for Los Angeles County, 272 Cal.App.2d 548, 77 Cal.Rptr. 565 (Cal. App. 1969):

The police did nothing in their investigation of this case to verify any fact reported by the informers. There was no independent corroboration of the joint report of the two juvenile informers. No reason was presented to the trial court as to why the police did not seek an interview with the petitioner concerning the charge that he had received stolen property. (People v. Torres, 56 Cal.2d 864, 867, 17 Cal.Rptr. 495, 366 P.2d 823; People v. Michael, 45 Cal.2d 751, 754, 290 P.2d 852.) The petitioner's conduct or response to such a request might have provided the necessary independent corroboration. No evidence was presented of any emergency which called for precipitous police action. The arrest took place at 1:50 p.m. on August 27, 1968, which was a week day. The petitioner was working at his place of business when arrested. There was no evidence that he was about to flee to escape punishment. The courts in Los Angeles were open for official business at that hour. No proof was presented to the trial court as to what reason, if any, existed which prevented the police from going to a magistrate to present their evidence so that an impartial judge could determine if there was sufficient evidence to justify subjecting the petitioner to arrest and a loss of his personal freedom.

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