What is the effect of having to have conversations with a police officer before a search warrant is issued?

California, United States of America


The following excerpt is from People v. Hale, 262 Cal.App.2d 780, 69 Cal.Rptr. 28 (Cal. App. 1968):

3 The People may properly raise this issue on defendants' appeal. (Pen.Code 1252; People v. Ditson (1962) 57 Cal.2d 415, 431, 20 Cal.Rptr. 165, 369 P.2d 714.) The marijuana on Roller was admitted without these conversations. With these conversations fortifying the basis for search, we would expect no different ruling on its admissibility by the trial court.

4 People v. Mickelson (1963) 59 Cal.2d 448, 30 Cal.Rptr. 18, 380 P.2d 658, holding that one may be stopped for brief questioning although the officer's knowledge and surrounding circumstances may be short of reasonable and probable cause for arrest.

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