What is the test for overturning a finding of probable cause under a search warrant?

MultiRegion, United States of America

The following excerpt is from U.S. v. Travis, 988 F.2d 126 (9th Cir. 1993):

The determination of whether probable cause exists for the issuance of a search warrant requires an examination of the "totality of the circumstances" to determine whether "there is a fair probability that contraband or evidence of a crime will be found in a particular place." Illinois v. Gates, 462 U.S. 213, 238 (1983). 1 "The [reviewing] court may not reverse a magistrate's finding of probable cause unless it is clearly erroneous." United States v. Schmidt, 947 F.2d 362, 371 (9th Cir.1991).

A district court's denial of a motion to suppress is reviewed de novo. United States v. Negrete-Gonzales, 966 F.2d 1277, 1282 (9th Cir.1992). Factual findings at the suppression hearing are reviewed for clear error. Id.

Other Questions


When a search warrant is issued based upon information from a "informant", is the search warrant based upon "probable cause" to believe that contraband or evidence is located in particular place? (MultiRegion, United States of America)
When a search warrant is issued, can the search warrant be used to search for a suspect who has been detained without a warrant? (MultiRegion, United States of America)
Does the government have to obtain a search warrant to search for evidence that the search warrant was obtained without a warrant? (MultiRegion, United States of America)
Does the fact that a search warrant can be obtained without a judicial review of probable cause change the nature of the search warrant? (MultiRegion, United States of America)
What is the test for overturning a finding that sufficient probable cause exists to issue a search warrant? (MultiRegion, United States of America)
If we conclude that the warrant supporting the search was supported by probable cause, should the search be limited to the scope of the search? (MultiRegion, United States of America)
What is the scope of a search warrant for a search of computers, computers, compact disks, hard drives, memory cards, and other digital devices pursuant to the search warrant? (MultiRegion, United States of America)
What is the test for a search warrant under the Constitution requiring that probable cause be stated in the warrant affidavit? (MultiRegion, United States of America)
Does a finding of unlawful warrantless entry or search or search invalidate all items seized during the subsequent warranted search? (MultiRegion, United States of America)
What is the impact of section 2.256(8) of the Criminal Code on the search warrant used to obtain a search warrant for a speech-gathering warrant? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.