What is the test for a police officer to be held in custody without a search warrant?

California, United States of America


The following excerpt is from People v. Orozco, 114 Cal.App.3d 435, 170 Cal.Rptr. 604 (Cal. App. 1981):

"(I)f the detaining officer himself does not have personal knowledge of facts justifying the detention, but acts solely on the basis of information or direction given him through police channels, the prosecution must establish in court, when challenged, evidence showing that the officer who originally furnished the information ... was in possession of facts amounting to circumstances short of probable cause which would have justified him to personally make the detention." (People v. Collins (1973) 35 Cal.App.3d 416, 420, 110 Cal.Rptr. 869.)

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