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PEOPLE v. IVEY

Docket No. A048455.

228 Cal.App.3d 1423 (1991)

279 Cal. Rptr. 554

THE PEOPLE, Plaintiff and Respondent, v. RALPH FOSTER IVEY, Defendant and Appellant.

Court of Appeals of California, First District, Division Five.

March 29, 1991.

Attorney(s) appearing for the Case

COUNSEL

Alexander G. van Broek, under appointment by the Court of Appeal, for Defendant and Appellant.

John K. Van de Kamp and Daniel E. Lungren, Attorneys General, Richard B. Iglehart and George Williamson, Chief Assistant Attorneys General, John H. Sugiyama, Assistant Attorney General, Ronald S. Matthias and George F. Hindall III, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

LOW, P.J.

We hold that police officers cannot rely on the "good faith exception" to validate an arrest if the arrest warrant is negligently delayed in being recalled and the warrant is erroneously shown as still outstanding.

Ralph Foster Ivey was convicted in a court trial of possession of cocaine (Health & Saf. Code, § 11350) and was found to have served a prior prison term (Pen. Code, § 667.5). His...

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