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The purpose of a preliminary hearing is to determine whether there is enough evidence to establish probable cause for a trial.
The officers who arrested him "failed to establish probable cause for Mr. Gray's arrest, as no crime had been committed," she said, describing the arrest as illegal.
For officers to enter a house without the owner's permission, they must establish probable cause that young people are drinking inside.
But the police say the tests are merely another piece of evidence that allows officers to establish probable cause and make an arrest.
The judge, Frederick Gannett of County Court in Eagle, Colo., stressed that the question before him was the narrow one of whether the prosecution had presented enough evidence to establish probable cause that Mr. Bryant had committed the crime.
On Thursday, prosecutors in Eagle County, Colo., will try to show they have enough evidence against the Laker star Kobe Bryant to establish probable cause for a trial on charges that he sexually assaulted a female hotel employee.
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If the courts did find that the Turkish government had established probable cause, the US state department would have to certify that Gülen would face a fair trial if returned to Turkey.
The law requires the government obtain a warrant for communications held for 180 days or less by a computer service provider, which means establishing probable cause that the evidence is related to a crime.
It remains an open criminal case, and while the police say they have a suspect, whom Lieutenant Mackey did not name, they have not established probable cause for an arrest.
Citing the New Zealand decision, and arguing that the government has not established probable cause for shutting the site down, Megaupload's lawyers asked Judge Liam O'Grady to release some of the company's assets to pay for legal expenses.
By law, the data can be obtained without a search warrant establishing probable cause, though the authorities do need to tell a court that it is relevant to an investigation.
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com