What is in a court file that the judge reads to determine probable cause, what information is he basing his decision on, police reports of an alleged crime or what?
Although this sounds like a search warrant question, there simply is not enough facts or information in your post to enable anyone to provide a meaningful answer.
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Probable cause is based on the totality of the circumstances. The police report, victim or witness statements, physical evidence, etc. are all used to determine if probable cause exists. Probable cause is a low threshold though and just because probable cause may exist doesn't mean there is enough to convict.
A PC hearing aka a Probable Cause hearing, is where the judge reads to you the reason or "probable cause" for your arrest. The judge can use any information they have. In Harris county, its usually based off of the offense report and the officer's statements.
Are you talking about challenging probable cause at a suppression hearing? If so, the judge doesn't rely on anything in the file. She listens to the evidence presented at the hearing. She does not read the offense report. Typically an officer testifies, a video may be shown, and case law is argued by the attorneys. If you are talking about probable cause at some other level, you will need to clarify your question.
Macy Jaggers's answer to a legal question on Avvo does not establish an attorney-client relationship. Please consult an attorney who practices criminal law in your jurisdiction for the most accurate legal advice.
Need much more information. There are so many issues surrounding probable cause and each case is very fact specific. Have your attorney look at the info and he will be able to tell you what the Judge and prosecutor are looking at.
This answer is general information only and is not legal advice, does not form an attorney-client relationship, and should NOT be relied upon to take or refrain from taking any action.
The only thing in the court's file that has information that the judge would read is the probable cause affidavit that the cop writes and says why he believes you committed x crime.
If the issue is probable cause for detention or to determine if sufficient evidence exists for the charge against a person, the Court bases its conclusion on various things, such as a probable cause affidavit or even an oral summary of the facts of the offense given by the prosecutor. If the issue is probable cause to justify a search warrant, that is typically done at a contested hearing and would rely on the testimony of witnesses.
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