Legal Opinion
Bailey v. Superior Court
California Court of Appeal
Decided December 16, 1992No. B069299PublishedCited by 13 opinions
1Opinion of the Court
Opinion
GILBERT, J.
An anonymous informer and an unidentified citizen informer supply a police officer with information of heavy foot traffic at petitioner’s residence. The anonymous informant concludes petitioner is selling drugs and is involved in prostitution.
We hold that this information, without investigation, is insufficient to establish probable cause for the issuance of a search warrant. We further hold that no reasonably trained police officer could have believed otherwise. We therefore grant a peremptory writ of mandate.
Facts
On May 22, 1992, Officer Bernard Chase of the Oxnard Police…
2Cases cited15 opinions
- Illinois v. GatesSupreme Court of the United States · 1983
- United States v. LeonSupreme Court of the United States · 1984
- Aguilar v. TexasSupreme Court of the United States · 1964
- Malley v. BriggsSupreme Court of the United States · 1986
- Spinelli v. United StatesSupreme Court of the United States · 1969
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3Cited by13 opinions
- People v. BradfordCalifornia Supreme Court · 1997
- People v. RichardsonCalifornia Supreme Court · 2008
- Agurs v. StateCourt of Appeals of Maryland · 2010
- People v. HernandezCalifornia Court of Appeal · 1994
- People v. MikesellCalifornia Court of Appeal · 1996
8 more not listed; retrieve them via the Exa API.