Can a search warrant be issued for a suspect's home based only upon probable cause that the suspect was guilty of the underlying crime?

MultiRegion, United States of America

The following excerpt is from U.S. v. Hendricks, 743 F.2d 653 (9th Cir. 1984):

Several cases in this circuit have considered the propriety of issuing search warrants for a suspect's residence based only upon probable cause that the suspect was guilty of the underlying crime. In United States v. Lucarz, 430 F.2d 1051, 1055 (9th Cir.1970), we observed that

[I]t cannot follow in all cases, simply from the existence of probable cause to believe a suspect guilty, that there is also probable cause to search his residence. If that were so, there would be no reason to distinguish search warrants from arrest warrants, and cases like Chimel v. California, 395 U.S. 752, 89 S.Ct. 2034, 23 L.Ed.2d 685 (1969), would make little sense.

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