What is the test for probable cause at a preliminary hearing?

California, United States of America


The following excerpt is from Nicholson v. Superior Court, F078914 (Cal. App. 2020):

"The purpose of the preliminary hearing is to determine whether there is probable cause to conclude that the defendant has committed the offense charged. [Citations.]" (Galindo v. Superior Court (2010) 50 Cal.4th 1, 8.) For purposes of the preliminary hearing, probable cause is shown if a person of ordinary caution or prudence would be led to believe and conscientiously entertain a strong suspicion of the guilt of the accused. (Ibid.)

Page 19

"In making the determination of probable cause, the magistrates do not themselves decide whether the defendant is guilty. [Citations.] Rather, they simply decide whether a reasonable person could harbor a strong suspicion of the defendant's guilt. In doing so, they may 'weigh the evidence, resolve conflicts, and give or withhold credence to particular witnesses.' [Citation.] ... In sum, the magistrate's role is limited to determining whether a reasonable person could harbor a strong suspicion of the defendant's guilt, i.e., whether such a person could reasonably weigh the evidence, resolve conflicts, and give or withhold credence to particular witnesses in favor of harboring such a suspicion." (Cooley v. Superior Court (2002) 29 Cal.4th 228, 251-252.)

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