Legal Opinion · Dissent

People v. Herdan

California Court of Appeal

Decided October 3, 1974No. Crim. No. 24036Published

1DissentAllport, J.

I dissent. An officer may arrest without a warrant if he has reasonable grounds to believe that the person to be arrested has committed a felony. (Pen. Code, § 836.) To constitute reasonable cause for arrest, a state of facts must be known to the officer that would lead a man of ordinary care and prudence to believe, or to entertain a strong suspicion, that the person arrested is guilty. (Cunha v. Superior Court, 2 Cal.3d 352, 356 [85 Cal.Rptr. 160, 466 P.2d 704].) Information received from a reliable informant will constitute probable cause if the basis for the claim of reliability is set…

2Cases cited12 opinions

  1. People v. LaraCalifornia Supreme Court · 1967
  2. Cunha v. Superior CourtCalifornia Supreme Court · 1970
  3. People v. LewisCalifornia Court of Appeal · 1966
  4. People v. SandovalCalifornia Supreme Court · 1966
  5. People v. HoganCalifornia Supreme Court · 1969

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