What factors must a court consider when determining probable cause for arrest?

California, United States of America


The following excerpt is from People v. Melvin, F067516 (Cal. App. 2015):

In reviewing the totality of the surrounding circumstances showing probable cause to conduct an arrest, courts should take into account such things as (1) the officer's experience, which can make otherwise innocent looking conduct to a layperson look suspicious to the officer; (2) prior contacts between the officer and the suspect; (3) the officer's awareness that the area is known for street drug transactions; (4) the defendant's conduct, including covert or secretive display, transfer or exchange; (5) the catching of an object that was given or received in a peculiar receptacle designed for a different or specialized purpose; (6) some indication by the defendant of a consciousness of guilt. (People v. Guajardo (1994) 23 Cal.App.4th 1738, 1742.)

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