What is the test for probable cause in a felony preliminary hearing?

California, United States of America


The following excerpt is from Ruiz v. Superior Court, 26 Cal.App.4th 935, 31 Cal.Rptr.2d 741 (Cal. App. 1994):

We agree with petitioner that there is a rough analogy between the probable cause determination made in Fourth Amendment cases such as People v. Campa, supra, 36 Cal.3d 870, 206 Cal.Rptr. 114, 686 P.2d 634, and in the preliminary hearing context presented in this case. In search and seizure cases, the validity of an arrest or search warrant is at issue. In a felony preliminary hearing, the magistrate must decide whether the evidence is sufficient to hold a defendant to answer.

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