People v. Cortez

*658OPINION OF THE COURT

Judith Lieb, J.

The issue before this court is whether a court may, on a Dunaway hearing, determine whether there is probable cause to support a warrantless arrest without the participation of the defendant or the defendant’s counsel. For the reasons that follow, this court concludes that it has authority to do so in appropriate circumstances, which are present here.

Case law establishes that a court can determine the existence of probable cause for issuance of a search warrant by examining the underlying documents without providing copies to the defendant in order to…