Does a prosecutor have a duty to measure the facts in a report and decide whether there is probable cause to prosecute?
MultiRegion, United States of America
The following excerpt is from General Dynamics Corp. v. U.S., 139 F.3d 1280 (9th Cir. 1998):
[t]he prosecutor has a duty to measure the facts in the report by legal standards and decide whether they add up to probable cause to prosecute. The possibility of less than perfect investigative conduct on the part of the police is no doubt one reason the law requires an exercise of the prosecutor's informed discretion before the initiation of prosecution.
Smiddy v. Varney, 803 F.2d 1469, 1472 (9th Cir.1986), modified on other grounds, 811 F.2d 504 (9th Cir.1987).
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