What is the test used to establish probable cause?
"New York", United States of America
The following excerpt is from People v. Moffitt, 19 N.Y.S.3d 713, 50 Misc.3d 803 (N.Y. Crim. Ct. 2015):
3 Defendant urges the court to reject the portable breath test as a basis for probable cause, claiming that the People never established a proper foundation for admissibility. However, it is clear that the results of the portable breath test, while perhaps not admissible at trial to establish intoxication, may be used to establish probable cause (see People v. Kulk, 103 A.D.3d 1038, 1039, 962 N.Y.S.2d 408 [3rd Dept.2013] ).
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