What is the test for probable cause to arrest?
California, United States of America
The following excerpt is from In re Charles C, 76 Cal.App.4th 420, 90 Cal.Rptr.2d 430 (Cal. App. 1999):
It is well settled "[t]here is probable cause to arrest when the facts known to the arresting officer would lead a person of ordinary care and prudence to believe and conscientiously entertain an honest and strong suspicion that an individual is guilty of a crime. [Citation.] The standard of probable cause to arrest is the probability of criminal activity, not a prima facie showing. [Citation.]" (People v. Lewis (1980) 109 Cal.App.3d 599, 608; see Illinois v. Gates (1983) 462 U.S. 213, 244-246.)
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