What is the effect of using the soubriquets of 'mobster' and 'member of a criminal gang' on a police investigation?

California, United States of America


The following excerpt is from Dragna v. White, 280 P.2d 817 (Cal. App. 1955):

Appellant had gained the soubriquets of 'mobster' and 'member of a criminal gang' according to the information of respondents. Such epithets applied to any person imposes upon the law-enforcing agencies of any community where the suspect sojourns the duty of ascertaining the latter's status. If, in conducting an investigation of such a party, it be not determined that he is innocent, it is incumbent upon the investigating officers to continue their labors, even to the point of arresting the subject. Inasmuch as the primary function of government is to render security to its people, "any mischief menacing that security demands a remedy commensurate with the evil." Lanzetta v. New Jersey, 306 U.S. 451, 455, 59 S.Ct. 618, 620, 83 L.Ed. 888.

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