What is the test for prosecution proof that the police officer who furnished the information justifying the arrest had probable cause to believe the arrest was justified?

California, United States of America


The following excerpt is from People v. Alcorn, 15 Cal.App.4th 652, 19 Cal.Rptr.2d 47 (Cal. App. 1993):

"The Remers- Harvey [People v. Harvey (1958) 156 Cal.App.2d 516, 319 P.2d 689] -Madden [People v. Madden (1970) 2 Cal.3d 1017, 88 Cal.Rptr. 171, 471 P.2d 971] rule only requires prosecution proof that information justifying the arrest was actually given to the police officer who furnished it to the arresting officer, i.e., proof that the source of the information on which the arrest was based was ' "something other than the imagination of an officer" ' who did not testify. (Remers v. Superior Court, supra, 2 Cal.3d at p. 666 [87 Cal.Rptr. 202].) The prosecution must simply show that the officer furnishing the information generating the arrest had probable cause to believe the arrest was justified. [Citation omitted.]

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