The following excerpt is from United States v. Bailey, 458 F.2d 408 (9th Cir. 1972):
The affidavit should be interpreted in a common sense and realistic manner, United States v. Ventresca, 380 U.S. 102, 108-109, 85 S.Ct. 741, 13 L.Ed.2d 684 (1965), and the warrant should issue when a man of reasonable caution would be of the belief that the items to be seized were in a particular location. Brinegar v. United States, 338 U.S. 160, 69 S.Ct. 1302, 93 L.Ed. 1879 (1949).
I would affirm the judgment of the lower court.
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.