What is the legal test for probable cause under the Fourth Amendment?

California, United States of America


The following excerpt is from People v. Ogrey, A144632 (Cal. App. 2016):

"[T]o fall within the exigent circumstances exception to the warrant requirement, an arrest or detention within a home or dwelling must be supported by both probable cause and the existence of exigent circumstances. [Citation.] . . . 'Probable cause exists when the facts known to the arresting officer would persuade someone of "reasonable caution" that the person to be arrested has committed a crime. [Citation.] "[P]robable cause is a fluid conceptturning on the assessment of probabilities in particular factual contexts . . . ." [Citation.] It is incapable of precise definition. [Citation.] "'The substance of all the definitions of probable cause is a reasonable ground for belief of guilt,'" and that belief must be "particularized with respect to the person to be . . . seized."' [Citation.] . . . [] The standard to be applied is an objective one: 'An action is "reasonable" under the Fourth Amendment, regardless of the individual officer's state of mind, "as long as the circumstances, viewed objectively, justify [the] action."' [Citation.]" (People v. Lujano (2014) 229 Cal.App.4th 175, 183 (Lujano).)

Page 5

Other Questions


What is the test for probable cause under the Fourth Amendment? (California, United States of America)
What is the standard of review of probable cause under the Fourth Amendment? (California, United States of America)
What is probable cause for probable cause in a sexual assault case? (California, United States of America)
What are the consequences of failing to make a reasoned legal argument in a motion to amend and sustain a demurrer to any cause of action in the first amended complaint? (California, United States of America)
What is the test for probable cause under the Fourth Amendment and what are the exceptions to search and seizure? (California, United States of America)
Does the search and detention of a man under the Fourth Amendment violate his Fourth Amendment rights? (California, United States of America)
Does a burglar who ransack a victim's car cause cause probable cause for arrest and completed unlawful vehicle taking? (California, United States of America)
What is the test for overturning a magistrate's finding of probable cause under the Fourth Amendment? (California, United States of America)
Does a Fourth Amendment balancing of the legitimate governmental interests in arrest against the reasonable expectation of privacy under the Fourth Amendment reveal the unreasonableness of a defendant's arrest and search? (California, United States of America)
What is the test for determining probable cause under the Fourth Amendment? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.