people v. ramey 1976

[sotakroland]

can someone tell me couple facts about this case and what was the issue?

 

[quincy]

can someone tell me couple facts about this case and what was the issue?

What is the name of your state, sotakroland or, if not in the US, what is the name of your country?

Here is a Stanford Law School link to the case: http://scocal.stanford.edu/opinion/people-v-ramey-23050

 

[sotakroland]

california

 

[FlyingRon]

Here's a dime. Go call your mother and tell her there are serious doubts about you becoming a lawyer.

 

[sotakroland]

Here's a dime. Go call your mother and tell her there are serious doubts about you becoming a lawyer.

well i really appreciate your concern! i never said i am trying to become a lawyer but thanks for your two cents comment

 

[FlyingRon]

The fact that you didn't ask a rational question is the reason for the sarcasm. It smacks of homework (perhaps not law school, but still). We don't do homework.
If you have some inkling of a case where you think Ramey applies (warrantless arrest and search) then maybe we'll discuss the salient points, but we're not going to abstract the case for you.

 

[PaulMass]

Victim's gun was stolen. Victim suspected Ramsey. Rasmey admitted that he had sold that gun. Victim told police who arrested Ramsey in his house without a warrant.

Court held that info from victim was sufficient for probable cause, but arrest of Ramsey in his home without a warrant was unlawful

 

[FlyingRon]

Victim's gun was stolen. Victim suspected Ramsey. Rasmey admitted that he had sold that gun. Victim told police who arrested Ramsey in his house without a warrant.

Court held that info from victim was sufficient for probable cause, but arrest of Ramsey in his home without a warrant was unlawful

As was the drugs found in the search subsequent to that arrest. There were two major prongs to the decision.

The key here is not just that there wasn't a warrant but the exigent circumstances for acting without a warrant were not met.
Also there's a very good dissenting opinion which it would behoove the scholar to read.

 

[Silverplum]

Victim's gun was stolen. Victim suspected Ramsey. Rasmey admitted that he had sold that gun. Victim told police who arrested Ramsey in his house without a warrant.

Court held that info from victim was sufficient for probable cause, but arrest of Ramsey in his home without a warrant was unlawful

Ramey.
Not Ramsey. Not Rasmey.

 

[CdwJava]

And, regarding the importance of the case ... From the SD County DA's Office in their legal update:

Ramey Warrant

"Ramey Warrant:" A term of art used to describe an arrest warrant issued prior to the court filing of a criminal case against a specific defendant. (See People v. Ramey (1976) 16 Cal.3rd 263.)

Ordinarily, a prerequisite to the issuance of an arrest warrant is the filing of a complaint with the magistrate, charging a felony originally triable in the superior court of the county, or where the complaint is presented to a judge in a misdemeanor or infraction case, charging an offense triable in that judge's court.

However, the formal filing of a written complaint is not a condition precedent to issuance of an arrest warrant. (People v. Case (1980) 105 Cal.App.3rd 826, 832.)

Long approved by case law (People v. Case, supra; and People v. Bittaker (1989) 48 Cal.3rd 1046, 1070-1072.), pre-filing arrest warrants are now authorized by statute. (P.C. § 817(a))​

 

[quincy]

Here is a good link from Legal Update that not only speaks of the Ramey case but also to the many exceptions to the arrest warrant rule: http://www.legalupdateonline.com/4th/237

 

[single317dad]

Here's a dime. Go call your mother and tell her there are serious doubts about you becoming a lawyer.

well i really appreciate your concern! i never said i am trying to become a lawyer but thanks for your two cents comment

Looks like your future isn't in accounting, either.

 

[CdwJava]

Here is a good link from Legal Update that not only speaks of the Ramey case but also to the many exceptions to the arrest warrant rule: http://www.legalupdateonline.com/4th/237

That's the full version (the update) of the one I posted. I use that office for many of my legal questions and have since I worked down there. Good stuff.