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

MultiRegion, United States of America

The following excerpt is from U.S. v. McKinney, 5 F.3d 542 (9th Cir. 1993):

In order to find probable cause, a magistrate must conclude that "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). It is not essential that there be direct evidence that the items sought can be found at that location. United States v. Angulo-Lopez, 791 F.2d 1394, 1399 (9th Cir.1986). Rather, a magistrate "is entitled to draw reasonable inferences about where evidence is likely to be kept, based on the nature of the evidence and the type of offense." Id. In drawing these inferences, a magistrate may rely on the conclusions of experienced law enforcement officers. United States v. Fannin, 817 F.2d 1379, 1381-82 (9th Cir.1987); United States v. Crozier, 777 F.2d 1376, 1380 (9th Cir.1985).

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