When a defendant who had opened the door to a barber's shop has been arrested for possession of marijuana, what is the test for placing a person under arrest?

California, United States of America


The following excerpt is from People v. Superior Court for Los Angeles County, 261 Cal.App.2d 687, 68 Cal.Rptr. 281 (Cal. App. 1968):

When the defendant who had opened the door sought to close it, the officers quite properly placed her under arrest and entered the premises. They seized the marijuana and certain other dangerous drugs found therein. When a person is actually observed in the commission of a felony, i.e., the act of possessing marijuana, it is self-evident that there exists 'such a state of facts as would lead a man of ordinary care and prudence to believe and conscientiously entertain an honest and strong suspicion that the person is guilty of a crime.' (People v. Ingle, 53 Cal.2d 407, 412, 2 Cal.Rptr. 14, 17, 348 P.2d 577, 580.)

Other Questions


What are the consequences of a "doorway arrest" where police without an arrest warrant enter a person's home and arrest the person who opens the door? (California, United States of America)
Does personal possession of a weapon disqualify a defendant arrested for simple possession of drugs? (California, United States of America)
Can a defendant appeal his conviction for possessing marijuana for sale and possessing a firearm? (California, United States of America)
When a defendant is convicted of possession of a firearm by an ex-felon, is the jury required to agree on which one or more of the guns defendant possessed? (California, United States of America)
In what circumstances will a court change the charge of simple possession of marijuana to the charged offense of possession of possession for sale? (California, United States of America)
What is the test for determining whether a police officer has the authority to arrest a person for possession of marijuana? (California, United States of America)
Is a claim for damages brought by defendant in a personal injury action brought by plaintiff against defendant in the Superior Court of Appeal against Defendant in a civil case? (California, United States of America)
Does the fact that Weizoerick and Ahlo opined the drugs were possessed for sale rather than personal use, rather than possession, are sufficient evidence to convict a defendant of a drug offence? (California, United States of America)
If an officer had probable cause to arrest a defendant, would the search of that defendant have been a search incident to a lawful arrest? (California, United States of America)
In what circumstances will a court order a search of the pockets of an arrested person for possession of marijuana under section 849 (b)(2) of the Penal Code? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.