What is the test used to determine whether a search warrant properly shows probable cause?
MultiRegion, United States of America
The following excerpt is from U.S. v. Kelly, 902 F.2d 41 (9th Cir. 1990):
The first issue we have before us is whether the affidavit in support of the search warrant properly shows probable cause. We test the affidavit based upon the totality of the circumstances. Illinois v. Gates, 462 U.S. 213, 238 (1983). Our review of the finding of probable cause is based upon a clearly erroneous test. United States v. Dozier, 844 F.2d 701, 706 (9th Cir.), cert. denied, 109 S.Ct. 312 (1988).
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