What is the test for determining whether a police officer has the authority to arrest a person for possession of marijuana?

California, United States of America


The following excerpt is from People v. Lazanis, 209 Cal.App.3d 49, 257 Cal.Rptr. 180 (Cal. App. 1989):

People v. Harvey (1958) 156 Cal.App.2d 516, 319 P.2d 689, arose out of a conviction for the possession of marijuana. Police officers, acting upon information supplied to them by another officer that the defendant was trafficking in drugs, conducted a surveillance of his activities. After watching him for a period of time, they placed him under arrest and recovered the contraband. The reviewing court found that the arrest was made solely in reliance on the information and briefing from the other officer. This was held to be an inadequate basis for an arrest, and invalidated the subsequent recovery of the narcotics.

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