Can a police officer use invalid arrests as a basis for estimating a particular location's crime rate?

California, United States of America


The following excerpt is from People v. Bower, 156 Cal.Rptr. 856, 24 Cal.3d 638, 597 P.2d 115 (Cal. 1979):

6 "(P)olice officers cannot utilize invalid arrests as a basis for estimating a particular location's crime rate and then utilize the resulting estimate in determining the reasonableness of an arrest and search in that location." (Remers v. Superior Court (1970) 2 Cal.3d 659, 668-669, 87 Cal.Rptr. 202, 208, 470 P.2d 11, 16.)

7 "(A) prior related Arrest where there is no conviction must have even less than a 'slight tendency' to establish a present violation of the law." (Remers v. Superior Court, supra, 2 Cal.3d at p. 668, 87 Cal.Rptr. at p. 208, 470 P.2d at p. 16, emphasis in original.)

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