What is the legal test for determining probable cause in a claim brought under the California Constitution?

California, United States of America


The following excerpt is from People v. Pulido, C062590 (Cal. App. 2011):

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]' that probable cause existed." (Ibid.) "A magistrate's 'determination of probable cause should be paid great deference by reviewing courts.'" (Id. at p. 236 [76 L.Ed.2d at p. 547].) We apply these standards in evaluating claims brought under the federal and state Constitutions. (People v. Camacho (2000) 23 Cal.4th 824, 829-830.)

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