What is the burden of establishing probable cause to obtain a full hearing on a petition?
California, United States of America
The following excerpt is from People v. Force, 170 Cal.App.4th 797, 89 Cal. Rptr. 3d 50 (Cal. App. 2009):
(6) Defendant claims the amended Act imposes on him the burden of establishing probable cause to obtain a full hearing on the petition. Even if true, he concedes the burden so imposed is a rather low one; "a determination of probable cause by a superior court judge under the [Act] entails a decision whether a reasonable person could entertain a strong suspicion that the offender is a[ sexually violent predator]." (Cooley v. Superior Court, supra, 29
[170 Cal.App.4th 811]
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