What is probable cause for issuance of a warrant for search warrants?

California, United States of America


The following excerpt is from The People v. Reyes, No. CC815189), No. H034788 (Cal. App. 2010):

There is probable cause for issuance of a warrant when the supporting affidavit provides a substantial basis to conclude that the contraband sought will be found in the location to be searched. (People v. Hirata (2009) 175 Cal.App.4th 1499, 1504.) In this context, "probable cause is a fluid conceptturning on the assessment of probabilities in particular factual contextsnot readily, or even usefully, reduced to a neat set of legal rules." (Illinois v. Gates (1983) 462 U.S. 213, 232.) As the name implies, probable cause deals with probabilities, and "requires only a probability or substantial chance of criminal activity, not an actual showing of such activity." (Id. at p. 243, fn. 13.)

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