What circumstances are sufficient to justify the arrest of a man and a woman for possession of a firearm?

California, United States of America


The following excerpt is from People v. Fulks, 110 Cal.App.3d 609, 168 Cal.Rptr. 203 (Cal. App. 1980):

Of course, the circumstances quickly burgeoned from those justifying a detention to justification for an arrest. As the red light on the police car was activated, a third black man appeared in the rear seat. Moments later, a handgun dropped out of the front door of the stopped car. In addition, once the occupants were out of the car, the officer saw several objects "in plain view" inside the car, including a bandanna, some gloves, and a number of quarters on the back seat. The sum total of the facts known to Officer Gray was adequate to ". . . lead a man of ordinary care and prudence to believe and conscientiously entertain an honest and strong suspicion that the (defendants were) guilty of a crime." (People v. Galosco (1978) 85 Cal.App.3d 456, 461-462, 149 Cal.Rptr. 407, 410.) The arrest of defendants and the search of the car were proper. (Id.)

3. Admissibility of Hayes' Statement.

Other Questions


In what circumstances would the Court have found that possession for sale and possession for possession of a firearm be a less favourable verdict than the previous verdict? (California, United States of America)
In what circumstances will a court allow a defendant to appeal against his conviction for possession of a firearm and possession of an unregistered firearm pursuant to section 186.22(b)(1) of the Criminal Code? (California, United States of America)
Can a probation condition prohibiting possession of firearms or ammunition be changed to prohibit possession of a firearm without a knowledge requirement? (California, United States of America)
If an informant's information is sufficient to establish probable cause for arrest, is that information sufficient to warrant arrest? (California, United States of America)
Is a convicted felon convicted of assault with a deadly weapon and felon in possession of a firearm prohibited from possessing a firearm? (California, United States of America)
Can a conviction for possession of a firearm be based on constructive possession of the firearm? (California, United States of America)
In what circumstances will a court change the charge of simple possession of marijuana to the charged offense of possession of possession for sale? (California, United States of America)
Can a felon in possession of a firearm be punished separately for the possession and the crime in which the felon used the firearm? (California, United States of America)
Is defendant's possession of a loaded firearm sufficient to permit a jury to view his possession as an implied threat of violence? (California, United States of America)
How have courts interpreted section 654 of the California Criminal Code for possession of a firearm and the possession of ammunition in a firearm? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.