What is probable cause to arrest without a warrant?
MultiRegion, United States of America
The following excerpt is from Gilmore v. O'Brien, 905 F.2d 1540 (9th Cir. 1990):
Probable cause to arrest without a warrant exists if the facts and circumstances within the officer's knowledge are sufficient to warrant a prudent person, or one of reasonable caution, to believe, in the circumstances shown, that the suspect has committed, is committing or is about to commit an offense. Michigan v. DeFillippo, 443 U.S. 31, 37 (1979). In a section 1983 action, "the factual matters underlying the judgment
Page 1540
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