Is there any case law where a defendant was arrested in violation of state law?
California, United States of America
The following excerpt is from People v. Macabeo, 1 Cal.5th 1206, 211 Cal.Rptr.3d 34, 384 P.3d 1189 (Cal. 2016):
42001, subd. (a) ; People v. McKay (2002) 27 Cal.4th 601, 620, 117 Cal.Rptr.2d 236, 41 P.3d 59.) Nor does it appear that there are objective indicia to suggest, as the People's argument presumes, that the officers would have arrested defendant in violation of state law.2
"The most advanced legal research software ever built."
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.
Other Questions
When a police officer arrested defendant for a violation of section 21510 of the Virginia Criminal Code because he failed to produce identification upon request by the Attorney General, does the arrest violate the Fourth Amendment? (California, United States of America)
Does Defendant have any grounds to argue that the Court's recent rulings in a civil case against the Defendant violated the Defendant's civil rights? (California, United States of America)
If an officer had probable cause to arrest a defendant, would the search of that defendant have been a search incident to a lawful arrest? (California, United States of America)
What is the standard for determining whether a defendant's state constitutional right to an impartial jury was violated by an excusal for cause? (California, United States of America)
Does section 1109 of the Federal and State constitutions violate a defendant's right to due process? (California, United States of America)
What is the state of the mental state of defendant in the context of his assault on a prison guard? (California, United States of America)
Does the denial of access to the courts by the Department of Justice to defend a civil case against a defendant who is not able to pay for a lawyer to represent him in court constitute a prima facie equal protection violation? (California, United States of America)
Does the majority of the California Supreme Court have found a Fifth Amendment violation even when the state has not technically "compelled" a defendant to produce their testimonial disclosures? (California, United States of America)
In what circumstances will the court order that a defendant be produced with all crime and arrest reports in which the principal charge is battery or resisting arrest? (California, United States of America)
Does a prosecutor's comments about sexual assault violate a defendant's federal and state constitutional rights? (California, United States of America)
