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

California, United States of America


The following excerpt is from People v. Lopez, C090375 (Cal. App. 2020):

determination of reasonable suspicion or probable cause will be the events which occurred leading up to the stop or search, and then the decision whether these historical facts, viewed from the standpoint of an objectively reasonable police officer, amount . . . to probable cause." (Ornelas v. United States, supra, 517 U.S. at p. 696 [134 L.Ed.2d at p. 919].) As such, we consider the totality of the circumstances, and analyze these facts as would a reasonable police officer, in assessing the officer's probable cause, rather than looking to singular facts in a vacuum. (See Illinois, at pp. 230-231, 238 [76 L.Ed.2d at pp. 543-544, 548].)

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