In what circumstances will a court grant a search warrant for a quantity of cocaine, even though the police never spotted the drug in the box?

MultiRegion, United States of America

The following excerpt is from U.S. v. Perez-Garcia, 981 F.2d 1260 (9th Cir. 1992):

In similar circumstances in United States v. Rodriguez, 869 F.2d 479 (9th Cir.1989), a search was conducted of two residences connected by a delivery of boxes from a van. We found probable cause to search both residences, even though the surveillance officers had never spotted cocaine in the boxes. In this case, the totality of the circumstances set forth in the affidavit provided a substantial basis for the issuing judge to conclude that the cocaine was present on the premises. Illinois v. Gates, 462 U.S. 213, 237 (1983). The district court therefore properly denied appellant's motion to suppress.

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