Legal Opinion
People v. Ivey
California Court of Appeal
Decided March 29, 1991No. A048455PublishedCited by 5 opinions
1Opinion of the Court
Opinion
LOW, P. J.
We hold that police officers cannot rely on the “good faith exception” to validate an arrest if the arrest warrant is negligently delayed in being recalled and the warrant is erroneously shown as still outstanding.
Ralph Foster Ivey was convicted in a court trial of possession of cocaine (Health & Saf. Code, § 11350) and was found to have served a prior prison term (Pen. Code, § 667.5). His motion to suppress evidence of the contraband was denied (Pen. Code, § 1538.5). He appeals, contending his arrest, based on a recalled arrest warrant, was unlawful and the evidence seized…
2Cases cited8 opinions
- United States v. LeonSupreme Court of the United States · 1984
- Whiteley v. Warden, Wyoming State PenitentiarySupreme Court of the United States · 1971
- Michigan v. DeFillippoSupreme Court of the United States · 1979
- People v. RamirezCalifornia Supreme Court · 1983
- People v. HowardCalifornia Court of Appeal · 1984
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3Cited by5 opinions
- People v. MacHupaCalifornia Supreme Court · 1994
- People v. DowningCalifornia Court of Appeal · 1995
- People v. ArmstrongCalifornia Court of Appeal · 1991
- People v. FlemingCalifornia Court of Appeal · 1994
- People v. McNeilCalifornia Court of Appeal · 2002