What is a magistrate's duty to determine probable cause in a civil case?

California, United States of America


The following excerpt is from People v. Malburg, B223580 (Cal. App. 2011):

The magistrate's duty "is simply to make a practical, common-sense decision whether, given all the circumstances set forth in the affidavit before him, including the 'veracity' and 'basis of knowledge' of persons supplying hearsay information," probable cause exists. (Illinois v. Gates, supra, 462 U.S. at p. 238.) Our duty "is simply to ensure that the magistrate had a 'substantial basis for . . . conclud[ing]' that probable cause existed." (Id. at pp. 238-239.)

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