What is the test for probable cause in a motion for possession of a firearm?

MultiRegion, United States of America

The following excerpt is from U.S. v. Kerr, 876 F.2d 1440 (9th Cir. 1989):

The existence of probable cause depends upon whether the "totality of the circumstances" provides the issuing magistrate with 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, 103 S.Ct. 2317, 2332, 76 L.Ed.2d 527 (1983). The duty of this court is "to ensure that the magistrate had a 'substantial basis for ... conclud[ing]' that probable cause existed." Id. (quoting Jones v. United States, 362 U.S. 257, 271, 80 S.Ct. 725, 736, 4 L.Ed.2d 697 (1960)).

Other Questions


What is probable cause when a court finds probable cause? (MultiRegion, United States of America)
What is the test for finding probable cause for possession of a drug with intent to cause grievous bodily harm? (MultiRegion, United States of America)
Does a preliminary finding of unlawful possession of a firearm and possession of an assault weapon constitute sufficient grounds for a motion of appeal? (MultiRegion, United States of America)
In what circumstances will a convicted felon be found guilty of possession of a firearm for receiving and possessing a firearm at separate times? (MultiRegion, United States of America)
Is probable cause to make a warrantless arrest based on probable cause? (MultiRegion, United States of America)
What is the test for probable cause probable cause of action in a case where a suitcase was found to contain contraband at an airport? (MultiRegion, United States of America)
Is a police officer's knowledge of the facts sufficient to constitute probable cause sufficient to be considered probable cause? (MultiRegion, United States of America)
Does an affidavit supporting an affidavit that provides evidence of probable cause fail to support probable cause? (MultiRegion, United States of America)
Does a finding that a defendant possessed a firearm during the commission of a drug offence constitute an unlawful possession of a firearm? (MultiRegion, United States of America)
Does a two-level enhancement under U.S.G. 2D1.1 for possessing a firearm in connection with the possession of a firearm? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.