What is the standard of probable cause in a search and arrest case where the officer's statement was used as evidence?
California, United States of America
The following excerpt is from People v. Johnson, 21 Cal.App.3d 235, 98 Cal.Rptr. 393 (Cal. App. 1971):
In the case at bar, if additional evidence other than the results of the first search and arrest were needed, the officer's statement supplied it. It is an established proposition that 'only the probability, and not a [21 Cal.App.3d 246] prima facie showing, of criminal activity is the standard of probable cause.' (Spinelli v. United States, supra, 393 U.S. at 419, 89 S.Ct. at 590, 21 L.Ed.2d 637.)
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