Opinion

Miller v. Glass

  • 44 Cal. 2d 359
  • 282 P.2d 501
  • 1955 Cal. LEXIS 235
Court
California Supreme Court
Filed
Apr 22, 1955
Status
Published
Author
Carter
On the bench
Spence, Carter
Cited by
20 cases
Authority
More cited than 6.2%

explaining that lack of probable cause has “no bearing . . . on charges of false arrest and imprisonment, except . . . where the offense is apparently being committed in the presence of the arresting officer, he may invoke by way of defense the doctrine of probable cause to justify the arrest without a warrant” (emphasis added) (citations omitted)

How later courts described this case

  • explaining that lack of probable cause has “no bearing . . . on charges of false arrest and imprisonment, except . . . where the offense is apparently being committed in the presence of the arresting officer, he may invoke by way of defense the doctrine of probable cause to justify the arrest without a warrant” (emphasis added) (citations omitted)

Written by the judges who cited it.

The opinion

CARTER, J.

I concur in the reversal of the judgment but disagree with the holding in the majority opinion that White v. Towers, 37 Cal.2d 727 [ 235 P.2d 209 , 28 A.L.R.2d 636 ], and Coverstone v. Davies, 38 Cal.2d 315 [ 239 P.2d 876 ], were correctly decided. I am firmly of the opinion that these cases were erroneously decided as clearly pointed out in my dissenting opinions therein.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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