State v. Carrillo

Citations

• 968 N.W.2d 134
• 2021 ND 239

Syllabus

A preliminary hearing is not a trial on the merits, and the State must only produce sufficient evidence to satisfy the court that a crime has been committed and that the accused is probably guilty. The district court's role in a preliminary hearing is not a trier of fact, but its function is solely to determine the existence or absence of probable cause. The State is not required to introduce results of a field test or the state lab at a preliminary hearing, and probable cause can be established through circumstantial evidence and officer testimony. The State need only produce sufficient evidence to warrant a person of reasonable caution to believe a crime has been committed and the accused probably committed the crime.