Legal Opinion

Burke v. Superior Court

California Court of Appeal

Decided May 7, 1974No. Civ. No. 34352PublishedCited by 1 opinion

1Opinion of the Court

Opinion

ELKINGTON, J.

We issued an alternative writ of mandate in order to consider the legality of a warrantless search of a motor vehicle for contraband. It was based upon an untested “citizen informer’s” untrue report of his observations which the superior court found was reasonably and in good faith believed by sheriff’s officers to constitute probable cause for the search.

Substantial evidence established the following to the satisfaction of the respondent superior court.

A person describing himself by name and as a reserve Sacramento County Sheriff’s deputy telephoned the Sonoma County…

2Cases cited25 opinions

  1. Chambers v. MaroneySupreme Court of the United States · 1970
  2. United States v. CalandraSupreme Court of the United States · 1974
  3. People v. NewlandCalifornia Supreme Court · 1940
  4. People v. CahanCalifornia Supreme Court · 1955
  5. Dyke v. Taylor Implement Manufacturing Co.Supreme Court of the United States · 1968

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3Cited by1 opinion

  1. Burke v. Superior CourtCalifornia Court of Appeal · 1974

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