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UT · jury_instructions

MUJI 2d CV1304

Probable Cause.

activein force · 2026-08-21 – presentas-observed

Probable cause does not require that the officer had proof beyond a reasonable doubt, or even proof by a preponderance of the evidence. Probable cause exists when an officer has knowledge of facts and circumstances that are of such weight and persuasiveness as to convince a prudent and reasonable person of ordinary intelligence, judgment, and experience that it is reasonably likely that a crime has been committed and the person arrested committed that crime.

The existence of probable cause is measured as of the moment of the arrest, not on the basis of later developments. Thus, the ultimate resolution of the criminal charges is irrelevant.

Provenance

Source
legacy.utcourts.gov
Retrieved
2026-08-22
Edition
2026-08-21
Content hash
538bc6edde5174f6a56cfe8032f7b3eca9355969badc7df672493fe32bd8515c
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