California, United States of America
The following excerpt is from People v. Deleon, 194 Cal.Rptr.3d 352, 241 Cal.App.4th 1059 (Cal. App. 2015):
Traditionally, a probable cause determination in a criminal case is decided by a magistrate in a non-adversary proceeding upon hearsay and written testimony. (Gerstein v. Pugh(1975) 420 U.S. 103, 120, 95 S.Ct. 854, 43 L.Ed.2d 54(Gerstein).) The purpose of such proceedings is not to resolve conflicting evidence or make credibility determinations. Rather the court determines whether the evidence supports a reasonable belief in guilt. (
[241 Cal.App.4th 1069]
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