California, United States of America
The following excerpt is from Bailey v. Superior Court, 11 Cal.App.4th 1107, 15 Cal.Rptr.2d 17 (Cal. App. 1992):
Independent police work here did not corroborate any suspicious activity or confirm future actions not easily predicted. As in Higgason, "[t]he totality of the circumstances presented by this affidavit do not show 'a fair probability that contraband or evidence of a crime will be found in a particular place.' (Illinois v. Gates, supra, 462 U.S. 213, 238, 103 S.Ct. 2317, 2332.) '[T]he magistrate had [no] "substantial basis for ... conclud[ing]" that probable cause existed. [Citation.]' [Citation.]" (Higgason v. Superior Court, supra, 170 Cal.App.3d at p. 941, fn. omitted, 216 Cal.Rptr. 817.)
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