What is the test for probable cause in cases of mistaken identity?
"New York", United States of America
The following excerpt is from People v. Barber, 2011 NY Slip Op 52558 (N.Y. 2011):
Probable cause ." exists where the facts and circumstances within their (the officers') knowledge and of which they had reasonably trustworthy information (are) sufficient in themselves to warrant a man of reasonable caution in the belief that' an offense has been or is being committed" Carroll v. United States, 267 U.S. 132, 162, 45 S.Ct. 280, 288, 69 L.Ed. 543, 39 A.L.R. 790. See also People v. Oden 36 NY2d 382, 368 NYS 2d 508 (1975)
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