Is there a fair probability that criminal evidence would be found at the location to be searched?
MultiRegion, United States of America
The following excerpt is from U.S. v. Systad, 12 F.3d 1110 (9th Cir. 1993):
We view the totality of circumstances set forth in the affidavit to determine whether there was a fair probability that criminal evidence would be found at the location to be searched. United States v. Ocampo, 937 F.2d 485, 490 (9th Cir.1991). "The presence of the odor of contraband may itself be sufficient to establish probable cause," Kerr, 876 F.2d at 1445, provided the affiant is qualified to recognize the odor, United States v. DeLeon, 979 F.2d 761, 765 (9th Cir.1992).
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