What is the test for making a probable cause determination in an assault case?

California, United States of America


The following excerpt is from Faubel v. Superior Court (People), 228 Cal.App.3d 1515, 279 Cal.Rptr. 658 (Cal. App. 1991):

As set forth in Gerstein v. Pugh, supra, 420 U.S. 103, 95 S.Ct. 854, a judicial determination of probable cause is only required where the state seeks to restrain an individual's liberty prior to trial. Even where a probable cause determination is required, the determination need not be "accompanied by the full panoply of adversary safeguards--counsel, confrontation, cross-examination, and compulsory process for witness." (Id., at p. 119, 95 S.Ct. at p. 866.)

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