Does a lack of probable cause preclude a search warrant from being issued to arrest defendant?
California, United States of America
The following excerpt is from People v. Thompson, 135 P.3d 3, 38 Cal.4th 811, 43 Cal.Rptr.3d 750 (Cal. 2006):
Defendant also errs in supposing that the officers' lack of certainty defendant was the driver precludes a finding of probable cause. "`[S]ufficient probability, not certainty, is the touchstone of reasonableness under the Fourth Amendment.'" (Maryland v. Garrison (1987) 480 U.S. 79, 87, 107 S.Ct. 1013, 94 L.Ed.2d 72.)
B. Did Exigent Circumstances Justify a Warrantless Entry to Effect the Arrest?
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