What is the test for probable cause in a criminal case?

California, United States of America


The following excerpt is from People v. Rivera, 186 Cal.App.3d 1276, 231 Cal.Rptr. 342 (Cal. App. 1986):

In making a probable cause determination, the task of the issuing magistrate is simply to make a practical, common-sense decision whether, given the "totality of circumstances" set forth in the affidavit before him, including the "veracity" and "basis of knowledge" of persons supplying hearsay information, there is a fair probability that contraband or evidence of a crime will be found in a particular place. (Illinois v. Gates (1983) 462 U.S. 213, 238, 103 S.Ct. 2317, 2332, 76 L.Ed.2d 527.) A magistrate's determination of probable cause should be paid great deference by reviewing courts. (Id at p. 247, 103 S.Ct. at 2336.)

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