Does a finding of probable cause bar a claim that the arresting officer lied or fabricated evidence presented at the preliminary hearing?
MultiRegion, United States of America
The following excerpt is from Fenters v. Chevron, No. CV-F-05-1630 OWW/DLB (E.D. Cal. 2010):
where the plaintiff alleges that the arresting officer lied or fabricated evidence presented at the preliminary hearing... When the officer misrepresents the nature of the evidence supporting probable cause and that issue is not raised at the preliminary hearing, a finding of probable cause would not bar relitigation of the issue of integrity of the evidence.
73 Cal.App.4th at 1147. See also Awabdy v. City of Adelanto, 368
Page 61
F.3d 1062, 1068 (9th Cir.2004):
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