What is the test to determine whether there was reasonable and probable cause for arrest?
Ontario, Canada
The following excerpt is from R. H. v. Ontario (Ministry of the Attorney General), 2002 CanLII 2835 (ON SC):
The test to determine whether there was reasonable and probable cause is both objective and subjective. There must be a subjective belief on the part of the officer, and that belief must be reasonable in the circumstances. That is to say, a reasonable person placed in the position of the police officer must be able to conclude that there were indeed reasonable and probable grounds for the arrest: See R v. Storey 1990 CanLII 125 (SCC), [1990] 1 S.C.R. 241 at page 250. Other Relevant Law
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