What is the test for reversing a lower court's determination of probable cause?

MultiRegion, United States of America

The following excerpt is from U.S. v. Gil, 58 F.3d 1414 (9th Cir. 1995):

The lower court's determination of probable cause will not be reversed absent a finding of clear error. United States v. Pitts, 6 F.3d 1366, 1369 (9th Cir.1993). The judge making the original determination of probable cause is accorded significant deference by the reviewing court. In re Grand Jury Subpoenas Dated Dec. 10, 1987, 926 F.2d 847, 856 (9th Cir.1991); United States v. McQuisten, 795 F.2d 858, 861 (9th Cir.1986).

Other Questions


When will a court change the standard of probable cause to determine whether an affidavit purged of materially false statements or omissions would have supported probable cause? (MultiRegion, United States of America)
What is probable cause when a court finds probable cause? (MultiRegion, United States of America)
When a litigant claims that a lower court has taken action beyond its jurisdiction, does the court have power to require the lower court to set matters right? (MultiRegion, United States of America)
How have the courts interpreted the good faith exception to the exclusionary rule in determining probable cause? (MultiRegion, United States of America)
Does an affidavit supporting an affidavit that provides evidence of probable cause fail to support probable cause? (MultiRegion, United States of America)
Does a magistrate's determination of probable cause need to be paid great deference by reviewing courts? (MultiRegion, United States of America)
What is the test for probable cause probable cause of action in a case where a suitcase was found to contain contraband at an airport? (MultiRegion, United States of America)
Is a police officer's knowledge of the facts sufficient to constitute probable cause sufficient to be considered probable cause? (MultiRegion, United States of America)
Does the Court of Appeal have any authority to reverse a finding by a lower court judge? (MultiRegion, United States of America)
How have the courts determined that there was probable cause to arrest and not a false arrest? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.