What is the test for flagrant misconduct by police in this case?
California, United States of America
The following excerpt is from People v. McWilliams, H045525 (Cal. App. 2021):
supra, 136 S.Ct. at p. 2064, citing Kaupp v. Texas (2003) 538 U.S. 626, 628, 633 [finding flagrant misconduct where police arrested the defendant in his home after they were denied a warrant and at least some of the officers "were conscious that they lacked probable cause to arrest"].) Defendant points to no police misconduct here apart from the lack of reasonable suspicion to detain.
"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
Does a complaint to the police department asserting misconduct by a police officer constitute a crime prescribed under California Penal Code section 148.5 of reporting to police officer that a felony or misdemeanor has been committed? (California, United States of America)
When will a court reverse a finding that the exclusion of testimony by two police officers from the prosecution's case in the case in which they witnessed appellant committing a vehicle code violation? (California, United States of America)
Is there any case law or case law that would have changed the disposition of a defendant in a civil case? (California, United States of America)
What is the test for misconduct in a federal civil case when the jury finds that a prosecutor who uses deceptive or reprehensible methods to persuade the jury to convict him of misconduct? (California, United States of America)
Is there any case law or case law that would have changed the disposition of a defendant in a civil case? (California, United States of America)
What is the case law regarding misconduct by a lawyer in a personal injury case? (California, United States of America)
Is there any evidence of misconduct or misconduct by a prosecutor in a criminal case? (California, United States of America)
What is the current state of the law on police failure to preserve physical evidence in the context of police misconduct? (California, United States of America)
What is the effect of the vicarious exclusionary rule on police misconduct in search and seizure cases? (California, United States of America)
What is the test for a police misconduct finding that police conduct does not serve a reasonable interest? (California, United States of America)
