What is the test for probable cause in a search and seizure?

California, United States of America


The following excerpt is from People v. Cisneros, B293149 (Cal. App. 2020):

Virginia, supra, at p. 1670; Florida v. Jardines (2013) 569 U.S. 1, 6 [133 S.Ct. 1409, 185 L.Ed.2d 495]; see also People v. Lieng (2010) 190 Cal.App.4th 1213, 1222.)

" '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.]" (People v. Lujano, supra, 229 Cal.App.4th at p. 183.)

"Entry into a home based on exigent circumstances requires probable cause to believe that the entry is justified by the imminent destruction of evidence or other factors." (People v. Evans (2011) 200 Cal.App.4th 735, 756, fn. 12.) Exigent circumstances "means an emergency situation requiring swift action to prevent imminent danger to life or serious damage to property, or to forestall the imminent escape of a suspect or destruction of evidence. There is no ready litmus test for determining whether such circumstances exist, and in each case the claim of an extraordinary situation must be measured by the facts known to the officers." (People v. Ramey (1976) 16 Cal.3d 263, 276.)

Other Questions


Is there any evidence that there is insufficient probable cause for the seizure of a laptop and the search warrant issued for that search warrant? (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)
When a search warrant was issued for a van containing a duffel bag containing what is believed to be a large quantity of marijuana, is there probable cause to search the vehicle and its contents? (California, United States of America)
In what circumstances will the court order a search of a vehicle and search of the vehicle of a man who has been detained without probable cause to suspect criminal activity? (California, United States of America)
Can a search undertaken pursuant to an invalid search warrant be considered incident to an arrest based upon probable cause? (California, United States of America)
Does the subsequent detention, questioning and search of defendant's person pursuant to the execution of the search warrant pursuant to probable cause? (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 probable cause under the Fourth Amendment and what are the exceptions to search and seizure? (California, United States of America)
What is probable cause for probable cause in a sexual assault case? (California, United States of America)
Can a search warrantless search of a car trunk be justified on the basis of probable cause or consent? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.