What is the test for discovering an offense discovered when either the victim or law enforcement learns of facts which, if investigated with reasonable diligence, would make the victim aware of the crime?

California, United States of America


The following excerpt is from People v. WONG, 113 Cal.Rptr.3d 384, 186 Cal.App.4th 1433 (Cal. App. 2010):

an offense is discovered when either the victim or law enforcement learns of facts which, when investigated with reasonable diligence, would make the person aware a crime had occurred]; People v. Zamora (1976) 18 Cal.3d 538, 571572, 134 Cal.Rptr. 784, 557 P.2d 75 [The crucial determination is whether law enforcement authorities or the victim had actual notice of circumstances sufficient to make them suspicious of fraud thereby leading them to make inquiries which might have revealed the fraud ].)

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