California, United States of America
The following excerpt is from Farnsworth v. Cote, 19 Cal.Rptr. 45, 199 Cal.App.2d 762 (Cal. App. 1962):
The evidence fully supports the finding that the arrest was lawful and was based upon probable cause. Absence of probable cause is an indispensible element of an action for malicious prosecution. (Richter v. Neilson, 11 Cal.App.2d 503, 508, 54 P.2d 54.)
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