California, United States of America
The following excerpt is from Jean M., In re, 16 Cal.App.3d 96, 93 Cal.Rptr. 679 (Cal. App. 1971):
A search warrant is validly issued when the affidavits upon which it is based contain Competent evidence 'sufficient to support the finding of the magistrate.' (People v. Scoma, 71 Cal.2d 332, 336, 78 Cal.Rptr. 491, 493, 455 P.2d 419, 421.) 'In determining the sufficiency of an affidavit for the issuance of a search warrant, the test of probable cause is approximately the same as that applicable to an arrest without a warrant, a commitment by a magistrate or an indictment by a grand jury (citations), namely, whether the facts contained in the affidavit are such as would lead a man of ordinary caution or prudence to believe, and conscientiously to entertain, a strong suspicion of the guilt of the accused. (Citation.) While it is clear [16 Cal.App.3d 102] that probable cause does not require as strong evidence as is needed to convict (citation), the exact quantum of evidence which will constitute probable cause must be judged in the light of the facts and circumstances of each case.' (Skelton v. Superior Court, 1 Cal.3d 144, 150, 81 Cal.Rptr. 613, 616--617, 460 P.2d 485, 488--489.)
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