Does the issuing magistrate have a duty to conclude that there is a fair probability that contraband or evidence of crime will be found in a particular place?
MultiRegion, United States of America
The following excerpt is from U.S. v. McQuisten, 795 F.2d 858 (9th Cir. 1986):
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, ... 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 ... conclud[ing,]' [Jones v. United States, 362 U.S. 257,
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