What is the impact of omitted or omitted evidence on a probable cause analysis?
MultiRegion, United States of America
The following excerpt is from Rahbarian v. Cawley, No. 15-17288 (9th Cir. 2017):
This omitted evidence also affects the probable cause analysis because the checks tend to show that payment was tendered and therefore no embezzlement occurred. See Wilson v. Russo, 212 F.3d 781, 790 (3d Cir. 2000) (noting that "[i]ndependent exculpatory evidence" may outweigh a probable cause determination that rests on other evidence).
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