Before ruling on a request for a summons or warrant to be issued on a complaint, the judge may require any witnesses the prosecuting attorney may produce to appear personally and be examined under oath. The judge shall promptly make or cause to be made a record or summary of such proceeding. The finding of probable cause required by § 15.20 may be based in whole or in part upon hearsay evidence. NOTE: Section 15.30 supersedes Penal Code §§ 811 and 812. These Sections have been, in turn, superseded by Rule 4 of the Criminal Rules of the Superior Court. These Sections, as well as other Sections of the Penal Code dealing with preliminary procedures have not been followed for many years. Under this Section, the prosecution must show probable cause and include sufficient evidence to show that the Complaint is truthful and accurate. (See 8 Moore Federal Practice, Para. 4.03(2d Ed. 1974);b.
COL120106 EXECUTION & RETURN Witkin California Criminal Procedure, Proceedings Before Trial § 97A (Supp. 1973). If the arrest is eventually determined to have been made without probable cause any evidence obtained as a result of the arrest will be suppressed. See Wong Sun v. U.S., 371 U.S. 471(1963).