California, United States of America
The following excerpt is from People v. Fernandez, 212 Cal.App.3d 984, 261 Cal.Rptr. 29 (Cal. App. 1989):
On review, we apply the same standard which governed the trial court: the magistrate's order issuing the warrant may be set aside only if the affidavit, as a matter of law, does not establish probable cause. (People v. Campa (1984) 36 Cal.3d 870, 878, 206 Cal.Rptr. 114, 686 P.2d 634.) A reviewing court should give great deference to the magistrate's determination of probable
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Probable cause to search exists when, based on the totality of circumstances described in the affidavit, "there is a fair probability that contraband or evidence of a crime will be found in a particular place." (Illinois v. Gates, supra, 462 U.S. at p. 238, 103 S.Ct. at p. 2332.)
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