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

California, United States of America


The following excerpt is from People v. Symons, 11 Cal.Rptr. 685 (Cal. App. 1961):

In this connection it must be borne in mind that the legality of a search or seizure will frequently depend on whether the officer had reasonable cause to make an arrest and that the showing to establish such cause 'is not limited to evidence that would be admissible * * * on the issue of guilt.' People v. Boyles, 45 Cal.2d 652, 656, 290 P.2d 535, 537. The finding of probable cause frequently depends on the weight the particular judge gives to this aspect of the evidence and the inferences that he draws therefrom. Hence one judge's ruling on the admissibility of evidence should not be binding upon another judge in a subsequent and separate action.

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