Ovalle v. SUPERIOR COURT OF CONTRA COSTA CTY.

This petition for prohibition urges that an arrest without a warrant cannot be based upon the ground that, although the information prompting petitioner’s arrest came from an unknown informer, the fact that the informer was in custody improved his reliability and afforded probable cause for the arrest. We shall set forth our reasons for concurring with this contention of petitioner; we must, however, deny the writ because petitioner himself, as we shall show, interposed objections to testimony which might have disclosed probable cause for the arrest.

On December 2, 1961, Agent McBee and Agent…