Alaisha Browder v. County of San Bernardino

Good Law
United States Court of Appeals for the Ninth CircuitMarch 28, 202422-55846California2,866 words

Opinion

Opinion

facts.’” Johnson v. Barr, 79 F.4th 996, 1003 (9th Cir. 2023) (quoting Gasho v.

United States, 39 F.3d 1420, 1428 (9th Cir. 1994)). Probable cause analysis cannot

be reduced to “a neat set of legal rules.” United States v. Willy, 40 F.4th 1074,

1080 (9th Cir. 2022) (quoting Illinois v. Gates, 462 U.S. 213, 232 (1983)). Instead,

we “must ‘examine whether the facts and circumstances within the officer’s

knowledge are sufficient to warrant a prudent person to believe a suspect has

committed, is committing, or is about to commit a crime.’” Id. (quoting United

States v. Valencia, 24 F.3d 1106, 1108 (9th Cir. 1994)).

California Penal Code § 273a(a), the charge for which Cornett arrested

Browder, provides:

Any person who, under circumstances or conditions likely to produce great bodily harm or death, willfully causes or permits any child to suffer, or inflicts thereon unjustifiable physical pain or mental suffering, or having the care or custody of any child, willfully causes or permits the person or health of that child to be injured, or willfully causes or permits that child to be placed in a situation where his or her person or health is endangered, shall be punished by…

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