What is the test for probable cause in a sexual assault case?
California, United States of America
The following excerpt is from People v. D.R. (In re D.R.), E069901 (Cal. App. 2019):
The standard of probable cause here is an objective one: "Probable cause is an objective legal standardin this case, whether the facts known would lead a person of ordinary care and prudence to entertain an honest and strong belief that blood, semen, or any other bodily fluid capable of transmitting HIV has been transferred from the defendant to the victim." (People v. Butler (2003) 31 Cal.4th 1119, 1127.)
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