What is the test for a motion to suppress evidence seized during a search of a defendant's home?

California, United States of America


The following excerpt is from People v. Cole, 202 Cal.App.3d 1439, 249 Cal.Rptr. 601 (Cal. App. 1988):

2 In the unpublished portion of this opinion, we discuss his assertion that the trial court erred in denying his motion to suppress evidence seized during a search of his residence authorized by a search warrant. We find the affidavit supporting the search warrant set forth sufficient facts for a magistrate to conclude that there was a "fair probability that contraband or evidence of a crime" would be found inside. (Illinois v. Gates (1983) 462 U.S. 213, 103 S.Ct. 2317, 76 L.Ed.2d 527.)

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