California, United States of America
The following excerpt is from People v. Novak, C082099 (Cal. App. 2018):
findings." (People v. Manderscheid (2002) 99 Cal.App.4th 355, 359.) " 'However, we use our independent judgment to determine whether those facts establish probable cause. [Citation.] We are prohibited from ordering the suppression of evidence unless federal constitutional standards require us to do so. . . . [] Doubtful or marginal cases are to be resolved by the preference to be accorded to warrants.' " (People v. Lim (2000) 85 Cal.App.4th 1289, 1296.)
Under federal and California law, a search warrant must be supported by a showing of probable cause. (People v. Campa (1984) 36 Cal.3d 870, 879.) A magistrate issuing a search warrant must make a practical and commonsense determination whether, "given all the circumstances set forth in the affidavit . . . , there is a fair probability that contraband or evidence of a crime will be found in a particular place." (Illinois v. Gates (1983) 462 U.S. 213, 238 [76 L.Ed.2d 527] (Gates).) The magistrate's determination of probable cause is entitled to deferential review. (People v. Kraft (2000) 23 Cal.4th 978, 1041.)
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.