What is the test for obtaining a search warrant?

California, United States of America


The following excerpt is from The People v. Reyes, No. CC815189), No. H034788 (Cal. App. 2010):

"The task of the issuing magistrate is simply to make a practical, common-sense 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." (Illinois v. Gates, supra, 462 U.S. at p. 238.) "A grudging or negative attitude by reviewing courts toward warrants [citation] is inconsistent with the Fourth Amendment's strong preference for searches conducted pursuant to a warrant; courts

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