What is the impact of independent police work on the determination of probable cause?

California, United States of America


The following excerpt is from Bailey v. Superior Court, 11 Cal.App.4th 1107, 15 Cal.Rptr.2d 17 (Cal. App. 1992):

Independent police work here did not corroborate any suspicious activity or confirm future actions not easily predicted. As in Higgason, "[t]he totality of the circumstances presented by this affidavit do not show 'a fair probability that contraband or evidence of a crime will be found in a particular place.' (Illinois v. Gates, supra, 462 U.S. 213, 238, 103 S.Ct. 2317, 2332.) '[T]he magistrate had [no] "substantial basis for ... conclud[ing]" that probable cause existed. [Citation.]' [Citation.]" (Higgason v. Superior Court, supra, 170 Cal.App.3d at p. 941, fn. omitted, 216 Cal.Rptr. 817.)

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)
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 probable cause under the "flexible" probable cause standard? (California, United States of America)
What is probable cause for probable cause in a sexual assault case? (California, United States of America)
Does the prosecution have any authority to determine whether the damage to the body caused by postmortem animal scavenging was caused by human caused mutilation? (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.