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.)
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.