What is the current test for a search warrant application based on the "totality of circumstances" test?

California, United States of America


The following excerpt is from People v. Rivera, 186 Cal.App.3d 1276, 231 Cal.Rptr. 342 (Cal. App. 1986):

The majority suggest that the "totality of circumstances" test in Illinois v. Gates (1983) 462 U.S. 213, 103 S.Ct. 2317, 76 L.Ed.2d 527, which replaced the Spinelli-Aquilar two-pronged test, requires us to start from scratch in enunciating rules of probable cause to issue search warrants. Gates put elasticity into probable cause and gave it broader contours, but it did not create a mutation that bears no resemblance to its ancestors.

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