What is the test for probable cause in a home invasion case?
MultiRegion, United States of America
The following excerpt is from Davis v. County of Maui, 59 F.3d 174 (9th Cir. 1995):
In determining whether entry into a residence was supported by probable cause, we make a "practical, common-sense decision" whether, under the totality of the circumstances known to the police when they entered the house, a "fair probability" existed that contraband or evidence of a crime would be found inside. Illinois v. Gates, 462 U.S. 213, 238 (1983).
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