Does collateral estoppel apply where a police officer's credibility is challenged at the preliminary hearing?

MultiRegion, United States of America

The following excerpt is from Reginato v. City of San Diego, Case No.: 3:15-cv-01963-L-WVG (S.D. Cal. 2018):

officer." Id. at 1187. Wige found this principle not to apply because "the state court never purported to find" on the officer's credibility when determining probable cause. Id. After the preliminary hearing the defendant moved to dismiss for lack of probable cause, but the motion was denied, not because the court found probable cause, but because the issue was more appropriately resolved at trial rather than at the preliminary hearing." Id. On the other hand, collateral estoppel applies where veracity is challenged at the preliminary hearing, the court makes a credibility finding, and then finds probable cause. Greene v. Bank of America, 236 Cal. App. 4th 922, 934-35 (2015) 934.

Other Questions


When a hearing officer disagrees with a decision made by the reviewing officer on the issues with which he disagreed with the hearing officer, how will the review officer's decision be considered? (MultiRegion, United States of America)
Can a hearing officer, parole officer, hearing officer and parole official be immunized from prosecution? (MultiRegion, United States of America)
Does a police officer advising a defendant of the police policy and procedure and procedure to release their breathalyzer test results constitute psychological police coercion sufficient to exclude the test? ("New York", United States of America)
If a private party agrees to give consent to a police officer, would they choose to spend the better part of an afternoon shuttling back and forth with police officers rather than going about her business? (MultiRegion, United States of America)
What is the difference between a police officer's response to a request for information about an arrest warrant and the fact that the police officer responded to the request with an incriminating comment? ("New York", United States of America)
Does a black police officer who reports overhearing racial slurs made by other police officers against black citizens have to engage in protected activity? (MultiRegion, United States of America)
If a hearing officer fails to recommend discipline, would the hearing board or officer be powerless to impose sanctions? ("New York", United States of America)
Does qualified immunity apply to a police officer who allegedly applied handcuffs in a way that aggravated a plaintiff's shoulder injury? (MultiRegion, United States of America)
Is an off-duty military police officer's lawsuit for injuries suffered when he was run over by an on-duty Military Police officer at a base picnic site barred by the doctrine of Feres v Feres? (MultiRegion, United States of America)
Is the knowledge of a police officer attributable to a prosecutor if the officer acted as an arm of the prosecution? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.