What is the test for a warrant for arrest?
California, United States of America
The following excerpt is from Larry C., In re, 134 Cal.App.3d 62, 184 Cal.Rptr. 505 (Cal. App. 1982):
It is the function of the trial court, not the reviewing court, to appraise and weigh the evidence presented in the warrant for arrest. "The warrant can be upset only if the affidavit fails as a matter of law to set forth sufficient competent evidence supportive of the magistrate's finding of probable cause...." (People v. Stout (1967) 66 Cal.2d 184, 193, 57 Cal.Rptr. 152, 424 P.2d 704.)
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
If a tainted warrant affidavit is amended to remove tainted evidence from the warrant affidavit at issue, is the warrant sufficient to suppress evidence seized pursuant to the warrant? (California, United States of America)
What are the consequences of a "doorway arrest" where police without an arrest warrant enter a person's home and arrest the person who opens the door? (California, United States of America)
Does a mistake of identity in issuing an arrest warrant invalidate a search warrant? (California, United States of America)
What is the difference between an arrest warrant and a search warrant? (California, United States of America)
Is a police officer's application for a warrant sufficient to compel a magistrate to issue a warrant for the arrest of a minor? (California, United States of America)
What is the effect of arrest without a warrant on an employee who was arrested after the fire? (California, United States of America)
Does a search and seizure resulting from an arrest without a warrant or search warrant violate the constitutional guarantees? (California, United States of America)
If an informant's information is sufficient to establish probable cause for arrest, is that information sufficient to warrant arrest? (California, United States of America)
Does the exclusionary rule apply when an officer acting with objective good faith has obtained a search warrant for the search warrant under the Golden Gate Drive search warrant? (California, United States of America)
What is the test for obtaining a warrant for arrest without a warrant? (California, United States of America)
