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Probable Cause to Arrest
 (People v. Gomez)

Probable Cause to Arrest
(People v. Gomez)

Our sole concern is whether defendant’s Fourth Amendment rights were violated by being subjected to a de facto arrest which originated with the traffic stop.  “Probable cause to arrest exists if facts known to the arresting officer would lead a person of ordinary care and prudence to entertain an honest and strong suspicion that an individual is guilty of a crime.  [Citation.]”  (People v. Kraft (2000) 23 Cal.4th 978, 1037.)  It is undisputed Floren had probable cause to believe defendant violated a traffic law.  He thus had probable cause to arrest defendant on that basis.  That probable cause did not evaporate simply because Floren also detained defendant for purposes relating to the narcotics investigation. 

PEOPLE v. GOMEZ, No G031026collective knowledge

 CRIMINAL LAW & PROCEDURE
PEOPLE v. GOMEZ, No G031026 (Cal. 4th App. Dist. April 06, 2004)
Because both the traffic stop and collective knowledge of the
investigating officers supplied probable cause not only to detain but to
arrest defendant, his Fourth Amendment rights were not violated by the
prolonged detention caused by the delay in requesting a K-9 unit.

To read the full text of this opinion, go to:
http://login.findlaw.com/scripts/callaw?dest=ca/caapp4th/slip/2003/g031026.html

To read the full text of this opinion, go to:[PDF File]
http://caselaw.lp.findlaw.com/data2/californiastatecases/g031026.pdf

People v. Gomez (April 06 2004) CA4/3 G031026

Apr 06 2004

G031026 [PDF] [DOC]

P. v. Gomez 3/8/04 CA4/3

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