What is probable cause when a court finds probable cause?
MultiRegion, United States of America
The following excerpt is from De Payne v. U.S., 60 F.3d 832 (9th Cir. 1995):
Probable cause exists when, considering the totality of the circumstances, "there is a fair probability that contraband or evidence of a crime will be found in a particular place." Illinois v. Gates, 462 U.S. 213, 238 (1982). The magistrate judge's finding of probable cause will be overturned on appeal only if it lacks a substantial basis.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
When will a court change the standard of probable cause to determine whether an affidavit purged of materially false statements or omissions would have supported probable cause? (MultiRegion, United States of America)
What is the effect of the finding of no probable cause by the hearing court at the intermediate appellate court? ("New York", United States of America)
What is the basis for a federal district court's finding that a state court transcript is sufficient basis for the district court to grant a motion requiring an evidentiary hearing? (MultiRegion, United States of America)
Does an affidavit supporting an affidavit that provides evidence of probable cause fail to support probable cause? (MultiRegion, United States of America)
What is the test for making a finding of probable cause for a search of a vehicle by a federal district court? (MultiRegion, United States of America)
How have the courts interpreted the findings of a bankruptcy court's findings of fact and conclusions of law de novo? (MultiRegion, United States of America)
Is a finding of probable cause by a magistrate given substantial deference by a reviewing court? (MultiRegion, United States of America)
Is a police officer's knowledge of the facts sufficient to constitute probable cause sufficient to be considered probable cause? (MultiRegion, United States of America)
How have the courts interpreted the findings of a federal court's findings of fact and conclusions of law de novo? (MultiRegion, United States of America)
What is the test for probable cause probable cause of action in a case where a suitcase was found to contain contraband at an airport? (MultiRegion, United States of America)
