Does the fact that there may be more than one reasonable inference to be drawn in an affidavit is sufficient to invalidate a finding of probable cause?

California, United States of America


The following excerpt is from People v. Stanley, 72 Cal.App.4th 1547, 86 Cal.Rptr.2d 89 (Cal. App. 1999):

Although individual facts within the affidavit might also be consistent with lawful activities, it is the totality of the circumstances that must be considered. The fact that there may be more than one reasonable inference to be drawn does not defeat the issuing magistrate's finding of probable cause. Moreover, the opinions of an experienced officer may legitimately be considered by the magistrate in making the probable cause determination. (People v. Tuadles (1992) 7 Cal.App.4th 1777, 1784, 9 Cal.Rptr.2d 780.)

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