What is the test of probable cause in the context of drug trafficking cases?

California, United States of America


The following excerpt is from People v. Murillo, B262271 (Cal. App. 2016):

hypothesis, therefore, innocent behavior frequently will provide the basis for a showing of probable cause; . . . In making a determination of probable cause the relevant inquiry is not whether particular conduct is 'innocent' or 'guilty,' but the degree of suspicion that attaches to particular types of noncriminal acts." (Id. at p. 245.) "There is probable cause if a ' "succession of superficially innocent events ha[s] proceeded to the point where a prudent man could say to himself that an innocent course of conduct was substantially less likely than a criminal one." ' [Citations.]" (People v. Andrino (1989) 210 Cal.App.3d 1395, 1402.)

"The test of probable cause 'should not be understood as placing the ordinary man of ordinary care and prudence and the officer experienced in the detection of narcotics offenders in the same class. Circumstances and conduct which would not excite the suspicion of the man on the street might be highly significant to an officer who had had extensive training and experience in the devious and cunning devices used by narcotics offenders to conceal their crimes.' [Citation.]" (People v. Johnson (1971) 21 Cal.App.3d 235, 244.)

Other Questions


Is there any case law where a probable cause hearing conducted by the Superior Court of California Probable Cause Officer (PCCO) was conducted as a pro forma interview rather than a fact-finding hearing? (California, United States of America)
What is probable cause for probable cause in a sexual assault case? (California, United States of America)
What is probable cause and what is the test for probable cause? (California, United States of America)
What is the test for establishing probable cause for an action without probable cause? (California, United States of America)
Is an affidavit supporting probable cause supported by probable cause insufficient? (California, United States of America)
What is the probable cause under the "flexible" probable cause standard? (California, United States of America)
Does a burglar who ransack a victim's car cause cause probable cause for arrest and completed unlawful vehicle taking? (California, United States of America)
Is there any case law where a defendant's answer to a civil case is insufficiently pleading the defense of probable cause? (California, United States of America)
What is the difference between probable cause to arrest for carrying drugs and probable cause for arrest? (California, United States of America)
What is the test for probable cause in a motion where an affidavit states that there is "substantial evidence of probable cause"? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.