Is an affidavit supporting probable cause supported by probable cause insufficient?

California, United States of America


The following excerpt is from People v. Johnson, B280365 (Cal. App. 2018):

3. " 'In determining whether an affidavit is supported by probable cause, the magistrate must make a "practical, common-sense decision whether, given all the circumstances set forth in the affidavit . . . there is a fair probability that contraband or evidence of a crime will be found in a particular place." ' " (People v. Garcia (2003) 111 Cal.App.4th 715, 720.) "[A]n affidavit based on mere suspicion or belief, or stating a conclusion with no supporting facts, is wholly insufficient." (Id. at p. 721.)

Other Questions


Is an affidavit that fails to provide any evidence indicating why an informant is "honest" or "reliable" insufficient to support probable cause? (California, United States of America)
What is the test for probable cause in a motion where an affidavit states that there is "substantial evidence of probable cause"? (California, United States of America)
Does the prosecution below or the Attorney General on appeal contend the search was supported by probable cause or probable cause? (California, United States of America)
What is the test for supporting an affidavit supporting probable cause? (California, United States of America)
What is the consequence of a jury finding that the evidence is insufficient to support a finding of probable cause of death? (California, United States of America)
Can a defendant challenge the veracity of an affidavit of probable cause made in support of a search warrant? (California, United States of America)
What is probable cause for probable cause in a sexual assault case? (California, United States of America)
Does a burglar who ransack a victim's car cause cause probable cause for arrest and completed unlawful vehicle taking? (California, United States of America)
Does the evidence support the finding that there was insufficient evidence to support a finding that the sexual assault charges against Backman were not supported by the weight of the evidence? (California, United States of America)
What is the difference between probable cause to arrest for carrying drugs and probable cause for arrest? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.