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2462 At a preliminary hearing, a judicial decision to bind the defendant over for trial may establish that there was probable cause to arrest and thus collaterally estop subsequent false arrest litigation, but if evidence at the preliminary hearing concerned occurrences that took place after the arrest, the hearing did not determine probable cause for the arrest and the decision to bind the defendant over for trial does not collaterally estop subsequent false arrest litigation.
McCUTCHEN v CITY OF MONTCLAIR (Mistaken Identity) 73 CA4 1138 [See: Kelly v Vons 67 CA4 1329, T/AT 12/98; Teitelbaum v Dominion 58 C2 601; Allen v McCurry 449 US 90; Haupt v Dillard 17 F3 285]
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