What is the test for determining probable cause in a search warrant application?
MultiRegion, United States of America
The following excerpt is from U.S. v. Chavez, 848 F.2d 199 (9th Cir. 1988):
Illinois v. Gates, 462 U.S. 213, 232 (1983). A magistrate must make a practical decision whether, given the information in the affidavit, "there is a fair probability that contraband or evidence of a crime will be found in a particular place." Id. at 238. A magistrate's determination of probable cause will not be reversed unless clearly erroneous. United States v. Estrada, 733 F.2d 683, 684 (9th Cir.), cert. denied, 469 U.S. 850 (1984).
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