When a police officer identified defendant as the "Steve Silver" and discovered that his duffel bag probably contained cocaine, what options were available?

California, United States of America


The following excerpt is from People v. Morrongiello, 145 Cal.App.3d 1, 193 Cal.Rptr. 105 (Cal. App. 1983):

Once they had identified defendant as the "Steve Silver" referred to by their informant and discovered that his duffel bag probably contained cocaine the officers had essentially two choices: they could arrest defendant, book and incarcerate him and obtain a search warrant for the bag the next day; or they could detain defendant for a short period until Officer Stocks arrived with a warrant to search the bag then and there. They chose the least intrusive alternative. We do not find the officer's choice to have been unreasonable. Assuming defendant's bag had not contained cocaine (and the results of the search of his person and his room were also negative), he would have been free to go and the officers would have been free to pursue other activities. On the other hand, if the officers waited until the next day to search the bag, defendant would have spent the night in jail before being exonerated and the officers would have spent considerable time at public expense in following a false lead. Cf. United States v. Gibbons, supra, 607 F.2d at p. 1327 and Miller v. State (1980) 269 Ark. 341, 605 S.W.2d 430, 435, in which the need to expedite the investigation made the nighttime search reasonable.

Other Questions


Can a defendant who claims self-defense to a charge of battery upon a police officer, who is also charged with battery upon the officer, obtain materials from the police department concerning the propensity for violence against the officer? (California, United States of America)
What evidence supports the inference that a defendant or his companion knew the vehicle contained police officers until the vehicle was identified as a police vehicle? (California, United States of America)
Can a defendant who shot an off-duty police officer in the head with a single shot, get out of his car, get into his car and shoot the officer as the officer is approaching? (California, United States of America)
If renaming a police officer in the name of a police community support officer is a good cause for concern, and if so, what effect will the name have on the police community? (California, United States of America)
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)
What is the effect of defendant's objection to a police officer's testimony that the officer had conducted a live lineup? (California, United States of America)
Does Section 844 of the California Criminal Code require an officer to identify himself as a police community support officer? (California, United States of America)
Does the admission of a tape recording of a defendant's phone conversation with a police officer and the testimony of Officer Simonds violate his Sixth Amendment rights? (California, United States of America)
Is it relevant and proper for a police officer to testify that he witnessed a witness identify a defendant in a lineup? (California, United States of America)
Does a police officer need to develop his suspicion that defendant was falsely identified as a suspect in a traffic stop? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.