What is the current state of the law around the test for determining whether there is cause for death by mistake?
California, United States of America
The following excerpt is from People v. Khan, 254 Cal.Rptr.3d 392, 41 Cal.App.5th 460 (Cal. App. 2019):
People v. Westerfield (2019) 6 Cal.5th 632, 659, 243 Cal.Rptr.3d 18, 433 P.3d 914 ( Westerfield ).) "[P]robable cause does not demand the certainty we associate with formal trials." ( Illinois v. Gates (1983) 462 U.S. 213, 246, 103 S.Ct. 2317, 76 L.Ed.2d 527 ( Gates ).)
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