When a police officer stops a suspect at the scene of an incident and makes an arrest, what is the test for probable cause?

MultiRegion, United States of America

The following excerpt is from Hernandez v. Holt, Case No. 1:20-cv-01127-AWI-SAB (E.D. Cal. 2020):

their actions were reasonable for Fourth Amendment purposes. Lopez, 482 F.3d at 1072. The officer's "subjective reason for making the arrest need not be the criminal offense as to which the known facts provide probable cause." Id. (quoting Devenpeck v. Alford, 543 U.S. 146, 153 (2004)). In some cases, there may be probable cause that would justify an arrest, but additional information obtained at the scene could indicate that there is less than a fair probability that the defendant has committed or is committing a crime. Lopez, 482 F.3d at 1073.

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