What is the test for determining probable cause under the Fourth Amendment?

California, United States of America


The following excerpt is from People v. McKinney, F071025 (Cal. App. 2017):

A reviewing court should pay great deference to a magistrate's determination of probable cause. (Illinois v. Gates (1983) 462 U.S. 213, 236, 238-239.) "We defer to the trial court's factual findings, express or implied, where supported by substantial evidence. In determining whether, on the facts so found, the search or seizure was reasonable under the Fourth Amendment, we exercise our independent judgment." (People v. Glaser (1995) 11 Cal.4th 354, 362.)

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