What is the standard of review for obtaining a search warrant?

MultiRegion, United States of America

The following excerpt is from U.S. v. Romero, 972 F.2d 1347 (9th Cir. 1992):

In reviewing the issuance of a search warrant, we must determine whether the magistrate had a substantial basis for concluding that the affidavit in support of the warrant established probable cause. Illinois v. Gates, 462 U.S. 213, 238-39 (1983). This standard of review is "less probing than de novo review and shows deference to the issuing magistrate's determination." United States v. Angulo-Lopez, 791 F.2d 1394, 1396 (9th Cir.1986). The magistrate need only conclude that it would be reasonable to seek the evidence in the place stated in the affidavit. United States v. Peacock, 761 F.2d 1313, 1315 (9th Cir.), cert. denied, 474 U.S. 847 (1985).

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