What is probable cause to issue a search warrant?

California, United States of America


The following excerpt is from People v. Aflleje, B231304 (Cal. App. 2012):

Probable cause to issue a search warrant exists when, based on the totality of circumstances described in the affidavit, "there is a fair probability that contraband or evidence of a crime will be found in a particular place." (Illinois v. Gates (1983) 462 U.S. 213, 238 [103 S.Ct. 2317, 76 L.Ed.2d 527].) Because of the law's preference for warrants, doubtful or marginal cases should be resolved in favor of upholding the warrant. (People v. Superior Court (Corona) (1981) 30 Cal.3d 193, 203.)

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