What is the test for probable cause under the Fourth Amendment to search a defendant's home?

But, defendant retorts, it requires a "quantum leap" in logic to conclude, based upon the evidence found in the pickup, that additional evidence would then be found in his home. This is simply not so. Under the Fourth Amendment, probable cause is to be gauged by "the totality-of-the-circumstances analysis that traditionally has informed probable-cause determinations. The task of the issuing magistrate is simply to make a practical, common-sense decision whether, given all the 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, 548, citations omitted.) Under the federal standard, "[f]or probable cause to exist, a magistrate need not determine that the evidence sought is in fact on the premises to be searched, or that the evidence is more likely than not to be found where the search takes place. The magistrate need only conclude that it would be reasonable to seek the evidence in the place indicated in the affidavit." (United States v. Peacock (9th Cir.1985) 761 F.2d 1313, 1315, citations omitted, emphasis in original.)

It is settled under both California and federal law that the total circumstances surrounding an arrest or other criminal conduct can, without more, support a magistrate's probable cause finding that the culprit's home is a logical place to search for specific contraband. Thus, for example, in People v. Johnson (1971) 21 Cal.App.3d 235, 98 Cal.Rptr. 393, police officers served a search warrant for an apartment rented by the defendant and discovered a machine gun and a quantity of drugs indicating that defendant was a trafficker. There were, however, no signs that the apartment was [209 Cal.App.3d 780] being lived in. Based upon this information, along with the affiant officer's expert opinion that those trafficking in drugs often keep some of their stock in trade at their residence, a warrant issued for the search of defendant's primary residence. The appellate court concluded that on such facts the affiant officer's belief that additional evidence would be found at the defendant's residence "was reasonable." (Id., at pp. 242-243, 98 Cal.Rptr. 393.)

Probable cause to search a defendant's residence was upheld on similar information in People v. Aho (1985) 166 Cal.App.3d 984, 212 Cal.Rptr. 686. There officers developed reliable information that the defendant was dealing in drugs and stolen property. They then sought a search warrant for his residence. The affiant officer, an experienced narcotics investigator, stated that persons dealing in controlled substances and stolen property will frequently secrete the contraband in their residences. The reviewing court found that this averment, when added to the information concerning defendant's criminal activities, "adequately support[s] the magistrate's conclusion of probable cause to believe that evidence of defendant's criminal activity, i.e., drugs or stolen property, would be found within defendant's residence." (Id., at p. 993, 212 Cal.Rptr. 686.)

The federal courts have reached the same conclusion on similar facts. For example, in United States v. Stefanson (9th Cir.1981) 648 F.2d 1231, defendant was arrested for driving under the influence. At the time of his arrest, defendant possessed some 14 "seconal" capsules. In an affidavit in support of the search warrant for his residence, the affiant officer further established that drugs had previously been discovered

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