What is the test for establishing probable cause to set aside or prohibit the prosecution of an allegation of sexual assault?

California, United States of America


The following excerpt is from People v. Love, 203 Cal.App.3d 1505, 251 Cal.Rptr. 6 (Cal. App. 1988):

The principles determining whether probable cause supports an information are well settled. "An information will not be set aside or a prosecution thereon prohibited if there is some rational ground for assuming the possibility that an offense has been committed and the accused is guilty of it. [Citations.]" (People v. Slaughter (1984) 35 Cal.3d 629, 637, 200 Cal.Rptr. 448, 677 P.2d 854.) "[A]lthough there must be some showing as to the existence of each element of the charged crime [citation] such a showing may be made by means of circumstantial evidence supportive of reasonable inferences on the part of the magistrate." (Williams v. Superior [203 Cal.App.3d 1508] Court (1969) 71 Cal.2d 1144, 1148, 80 Cal.Rptr. 747, 458 P.2d 987.) Moreover, every legitimate inference from the evidence must be drawn in favor of the information. (Ibid.)

Other Questions


What is probable cause for probable cause in a sexual assault case? (California, United States of America)
What is the test for establishing that the date of an alleged sexual assault occurred prior to the effective date of the sexual assault statute? (California, United States of America)
How have courts dealt with allegations of sexual assault against a police officer who sexually assaulted a female passenger while carrying out a traffic stop? (California, United States of America)
What is the state of the law in relation to allegations of sexual harassment in the context of an alleged sexual assault on a minor? (California, United States of America)
How have courts treated allegations of sexual assault in sexual assault cases? (California, United States of America)
What is the test for establishing probable cause for an action without probable cause? (California, United States of America)
When a photograph of a defendant in a sexual assault case was found to have been taken in the context of an alleged sexual assault, is there any connection to the subsequent verdict of attempted sodomy? (California, United States of America)
What is the test for establishing probable cause in a sexual assault case? (California, United States of America)
What is the test for establishing that evidence of a prior sexual assault is indisputably relevant in a prosecution for another sexual offence? (California, United States of America)
Does the prosecution below or the Attorney General on appeal contend the search was supported by probable cause or probable cause? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.