What is the test for probable cause in civil and criminal cases?
California, United States of America
The following excerpt is from Puryear v. Golden Bear Ins. Co., 66 Cal.App.4th 1188, 78 Cal.Rptr.2d 507 (Cal. App. 1998):
" 'Probable cause' has sometimes been defined as 'reasonable cause'; and in the case of both civil and criminal prosecutions has been further defined to be an honest suspicion or belief on the part of the instigator thereof, founded upon facts sufficiently strong to warrant the average person in believing the charge to be true." (Murdock v. Gerth (1944) 65 Cal.App.2d 170, 178-179, 150 P.2d 489.) 3
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