Probable cause is the existence of facts and circumstances that engenders a well-founded belief that a crime is more likely than not committed, that the respondent is probably guilty and should be held for trial.
The nature of probable cause
is it must be beyond mere suspicion but less than the evidence required to sustain a conviction (beyond reasonable doubt).
Persons who determine probable cause:
- The fiscal during the preliminary investigation, in determining whether to file a certification and information to proceed to trial;
- The judge in issuing an arrest or search warrant;
- Private persons or peace officers in warrantless arrests;