What is the effect of an undercover agent's good faith exception to the probable cause requirement?

California, United States of America


The following excerpt is from People v. Bingham, A150577 (Cal. App. 2018):

The facts presented here are more analogous to those at issue in People v. Romero (1996) 43 Cal.App.4th 440 (Romero). In Romero, an undercover agent called a dealer to purchase drugs. The dealer said he would check with his sources. The dealer then promptly left his home, drove to and entered a tavern, left the tavern three minutes later, drove to and entered the defendant's mobilehome, left defendant's residence three minutes later, and drove back to the dealer's home. (Id. at pp. 443-444.) The dealer called the agent and said he checked with his sources but could not supply drugs at that time. On another occasion, the dealer arranged to sell drugs to the agent, and he stopped by the defendant's mobilehome on his way to the prearranged site of the sale. (Id. at p. 444.) In analyzing whether the good faith exception to the probable cause requirement

Page 11

Other Questions


Is an affidavit supporting probable cause supported by probable cause insufficient? (California, United States of America)
What is probable cause and what is the test for probable cause? (California, United States of America)
What is the difference between probable cause to arrest for carrying drugs and probable cause for arrest? (California, United States of America)
What is the test for probable cause in a motion where an affidavit states that there is "substantial evidence of probable cause"? (California, United States of America)
What is probable cause for probable cause in a sexual assault case? (California, United States of America)
What is the probable cause under the "flexible" probable cause standard? (California, United States of America)
Does a burglar who ransack a victim's car cause cause probable cause for arrest and completed unlawful vehicle taking? (California, United States of America)
What is the "good faith" exception to a finding that a search warrant was invalid for lack of probable cause? (California, United States of America)
What is the test for establishing probable cause for an action without probable cause? (California, United States of America)
Does the prosecution below or the Attorney General on appeal contend the search was supported by probable cause or probable cause? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.