What is the test for making a reasonable grounds for arrest within a police department by one officer transmitting information purportedly received from an informer to another officer who had not received such information?

California, United States of America


The following excerpt is from People v. Ramirez, 126 Cal.App.3d 33, 178 Cal.Rptr. 529 (Cal. App. 1981):

1 Nor is this a question dealing with " 'the manufacture of reasonable grounds for arrest within a police department by one officer transmitting information purportedly received by him from an informer to another officer who had not received such information from the informer, without establishing under oath that the information had in fact been given to any officer by the informer, or indeed that there was an informer at all. The possibilities of the phantom informer, if this were to be permitted, are too obvious to need elaboration.' (People v. Harvey (1958) 156 Cal.App.2d 516, 523, 319 P.2d 689 ....)" (Ojeda v. Superior Court (1970) 12 Cal.App.3d 909, 920, 91 Cal.Rptr. 145.)

2 The question of the validity of an arrest based on the good faith belief of the existence of a warrant was discussed in People v. Rice (1970) 10 Cal.App.3d 730, 738, footnote 3, 89 Cal.Rptr. 200, as follows: "However, the officers' belief in the existence of a warrant, while not sufficient in itself to justify the arrest, is of some significance. The fact that the officer had received information from an official source concerning an alleged warrant indicates that the officers' act of going to the residence was reasonable and not merely the result of some unfounded hunch of the officers that criminal activity might be underway there. A totally different situation would be present if the officers were not acting in response to a communication from another police department but were instead indiscriminately knocking on all doors in the neighborhood until they chanced upon someone engaged in criminal activity."

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