Is there probable cause to arrest a suspect when "the facts available to the officers at the moment of the arrest would be reasonable caution"?

California, United States of America


The following excerpt is from People v. Lewis, 109 Cal.App.3d 599, 167 Cal.Rptr. 326 (Cal. App. 1980):

I do not quarrel with the principle that there is probable cause to arrest a suspect when " 'the facts available to the officers at the moment of the arrest would "warrant a man of reasonable caution in the belief" that an offense has been committed. (Citation.)' " (People v. Miller (1972) 7 Cal.3d 219, 225, 101 Cal.Rptr. 860, 864, 496 P.2d 1228, 1232.) But I do quarrel with the majority's view that the police officers had probable cause to arrest defendant.

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