The following excerpt is from United States v. Kurniawan, No. 14-2928-cr (2nd Cir. 2015):
2. See United States v. Martin, 426 F.3d 68, 74 (2d Cir. 2005) ("A judge's probable-cause determination is not overly strict. Presented with a warrant application, the judge must simply make a practical, common-sense decision whether, given all the circumstances set forth in the affidavit before him, including the veracity and basis of knowledge of persons supplying hearsay information, there is a fair probability that contraband or evidence of a crime will be found in a particular place." (internal quotation marks and alterations omitted)).
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.