What is the test for establishing that a sheriff has authority to issue a warrant without authority?
California, United States of America
The following excerpt is from Vallindras v. Massachusetts Bonding & Ins. Co., 265 P.2d 907, 42 Cal.2d 149 (Cal. 1954):
As was pointed out in Robinette v. Price, 1943, 214 Minn. 521, 8 N.W.2d 800, 805, 806, 'All that is required to make process fair on its face is that it must proceed from a court having jurisdiction of the subject matter and that it contain nothing which ought reasonably to apprise the officer that it was issued without authority. (Citations.) * * *
'It is not necessary that the process under which a sheriff acts should show jurisdiction of the person to afford him protection and justification for his acts in executing it. (Citations.) * * *' See also Brinkman v. Drolesbaugh, [42 Cal.2d 155] 1918, 97 Ohio St. 171, 119 N.E. 451, 453, L.R.A.1918F, 1132.
"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.
