What is the test for establishing probable cause for a search warrant?

California, United States of America


The following excerpt is from People v. Tousant, 278 Cal.Rptr.3d 900, 64 Cal.App.5th 804 (Cal. App. 2021):

When determining whether probable cause existed for the issuance of a search warrant, we assess the totality of the circumstances under which the warrant issued. ( Illinois v. Gates (1983) 462 U.S. 213, 230-235, 103 S.Ct. 2317, 76 L.Ed.2d 527 ; 1525 ["A search warrant cannot be issued but upon probable cause, supported by affidavit"].) Doubts as to whether an affidavit supporting a search warrant establishes probable cause are resolved in favor of the validity of the warrant. ( People v. Frank (1985) 38 Cal.3d 711, 722, 214 Cal.Rptr. 801, 700 P.2d 415.)

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