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

California, United States of America


The following excerpt is from People v. Lim, 102 Cal.Rptr.2d 604, 85 Cal.App.4th 1289 (Cal. App. 2000):

"A reviewing court will consider the totality of the circumstances to determine whether the information contained in an affidavit supporting the application for a warrant establishes a fair probability that a place contained contraband or evidence of a crime. [Citation.] Doubtful or marginal cases are to be resolved by the preference to be accorded to warrants. [Citation.]" (People v. Mikesell (1996) 46 Cal.App.4th 1711, 1716.)

The People argue the affidavit in support of the application for the search warrant established probable cause, and therefore the trial court erred in granting defendant's suppression motion on grounds the warrant was invalid. We shall assume for the sake of argument that the warrant affidavit failed to establish probable cause. The People also argue on appeal, as they did in the trial court, that, if the warrant was invalid, the trial court should have ruled the evidence admissible under the good faith exception of United States v. Leon, supra, 468 U.S. 897 [82 L.Ed.2d 677]. We agree.

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