Does a magistrate's determination of probable cause need to be paid great deference by reviewing courts?
MultiRegion, United States of America
The following excerpt is from U.S. v. Rogers, 42 F.3d 1404 (9th Cir. 1994):
A magistrate's determination of probable cause "should be paid great deference by reviewing courts[,]" Illinois v. Gates, 462 U.S. 213, 236, and in close cases the reviewing court should give preference to the validity of the search warrant. United States v. Peacock, 761 F.2d 1313, 1315 (9th Cir.), cert. denied, 474 U.S. 847 (1985) (internal citations omitted).
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