What is probable cause and what is the test?

MultiRegion, United States of America

The following excerpt is from Davis v. City of N.Y., 19-3268 (2nd Cir. 2021):

"Probable cause is a complete defense to a constitutional claim of false arrest," and it "exists when one has knowledge of, or reasonably trustworthy information as to, facts and circumstances that are sufficient to warrant a person of reasonable caution in the belief that an offense has been or is being committed by the person to be arrested." Betts v. Shearman, 751

Page 4

F.3d 78, 82 (2d Cir. 2014). Hence, to determine whether an arrest was supported by probable cause, we must "examine the events leading up to the arrest, and then decide whether these historical facts, viewed from the standpoint of an objectively reasonable police officer, amount to probable cause." Marcavage v. City of New York, 689 F.3d 98, 109 (2d Cir. 2012).

Other Questions


What is the test for probable cause for an arrest without probable cause? (MultiRegion, United States of America)
What is the test for probable cause probable cause of action in a case where a suitcase was found to contain contraband at an airport? (MultiRegion, United States of America)
When will a court change the standard of probable cause to determine whether an affidavit purged of materially false statements or omissions would have supported probable cause? (MultiRegion, United States of America)
Is probable cause to make a warrantless arrest based on probable cause? (MultiRegion, United States of America)
What is probable cause for arrest without probable cause? (MultiRegion, United States of America)
Does an affidavit supporting an affidavit that provides evidence of probable cause fail to support probable cause? (MultiRegion, United States of America)
What is probable cause when a court finds probable cause? (MultiRegion, United States of America)
What is the test for finding probable cause for possession of a drug with intent to cause grievous bodily harm? (MultiRegion, United States of America)
Is a police officer's knowledge of the facts sufficient to constitute probable cause sufficient to be considered probable cause? (MultiRegion, United States of America)
What is the burden of proving probable cause at a probable cause hearing? ("New York", United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.