What is the test for the issuing magistrate's determination of probable cause in a criminal case?

California, United States of America


The following excerpt is from People v. Daniels, F070435 (Cal. App. 2017):

"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. And the duty of a reviewing court is simply to ensure that the magistrate had a 'substantial basis for ... [concluding]' that probable cause existed." (Id. at pp. 238-239.) " 'The magistrate's determination of probable cause is entitled to deferential review.' " (People v. Scott (2011) 52 Cal.4th 452, 483.)

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