What is the test for an affidavit to be used in criminal proceedings?
MultiRegion, United States of America
The following excerpt is from U.S. v. Kinsey, 958 F.2d 379 (9th Cir. 1992):
"Magistrates and judges must examine the 'totality of the circumstances' set forth in the affidavit to determine whether 'there is a fair probability that contraband or evidence of a crime will be found in a particular place.' " Ayers, 924 F.2d at 1478 (quoting Illinois v. Gates, 462 U.S. 213, 238 (1983)). The totality of circumstances include the corroborating details which support the veracity of an informant. Id.
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