California, United States of America
The following excerpt is from People v. Donagal, A130623/A130707 (Cal. App. 2012):
Whether a given set of facts is sufficient to support a search is governed by the totality of circumstances test. "The task of the issuing magistrate is simply to make a practical, commonsense decision whether, given all the circumstances set forth in the affidavit before him . . . there is a fair probability that contraband or evidence of a crime will be found in a particular place. And the duty of a reviewing court is simply to ensure that the magistrate had a 'substantial basis for . . . conclud[ing]' that probable cause existed." (Illinois v. Gates (1983) 462 U.S. 213, 238-239.)
Whether an affidavit provided the magistrate a "'substantial basis'" for concluding there was probable cause is an issue of law "subject to our independent review[.]" (People v. Camarella (1991) 54 Cal.3d 592, 601.) But, because "[r]easonable minds frequently may differ on the question whether a particular affidavit establishes probable cause," we accord deference to the magistrate's determination and "'doubtful or marginal'" cases are to be resolved with a preference for upholding a search under a
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