Saturday, November 5, 2016

Probable cause pertains to facts and circumstances sufficient to support a well-founded belief that a crime has been committed and the accused is probably guilty thereof.4 
It is well-settled that in order to arrive at a finding of probable cause, the elements of the crime charged should be present.  In determining these elements for purposes of preliminary investigation, only facts sufficient to support a prima facie case against the respondent are required, not absolute certainty.  Thus, probable cause implies mere probability of guilt, i.e., a finding based on more than bare suspicion but less than evidence that would justify a conviction.5  

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