How have the courts interpreted probable cause in cases involving alcohol abuse?

California, United States of America


The following excerpt is from The People v. Estrada, B221094, Los Angeles County Super. Ct. No. BA347251 (Cal. App. 2011):

Next, defendant argues that the officers did not have probable cause to arrest him for drinking in public because they did not know what was in the bottle until after the search. Probable cause to arrest exists when the facts known to the arresting officer would lead a person of ordinary care and prudence to entertain an honest and strong suspicion that the person to be arrested is guilty of a crime. (People v. Price (1991) 1 Cal.4th 324, 410.) Probable cause may exist even though there is room for doubt or the facts known to the officer would not alone be sufficient to support a conviction. (Hamilton v. City of San Diego (1990) 217 Cal.App.3d 838, 844.)

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