Can a magistrate's order issuing a warrant be set aside?

California, United States of America


The following excerpt is from People v. Crisp, F065240 (Cal. App. 2014):

A magistrate's order issuing a warrant can be set aside only if, as a matter of law, the affidavit does not establish probable cause. (People v. Superior Court (Corona) (1981) 30 Cal.3d 193, 203.) That is not the case here.

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