What is the difference between probable cause to arrest for carrying drugs and probable cause for arrest?

California, United States of America


The following excerpt is from People v. Temple, 36 Cal.App.4th 1219, 42 Cal.Rptr.2d 888 (Cal. App. 1995):

"There is no discernible distinction between probable cause to believe a person is carrying narcotics and probable cause to arrest for carrying narcotics as far as the consequence here is concerned.... In simple terms, if you have probable cause to believe a [36 Cal.App.4th 1228] suspect has illegal narcotics in his pocket, you necessarily have an honest and strong suspicion the person searched is guilty of a crime." (People v. Gorrostieta (1993) 19 Cal.App.4th 71, 84, 23 Cal.Rptr.2d 92.)

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