What is the test for a "fair probability" of finding contraband or evidence of crime?
California, United States of America
The following excerpt is from People v. Harvey, C066662 (Cal. App. 2013):
circumstances . . . there is a fair probability that contraband or evidence of a crime will be found in a particular place.' " (People v. Allen (2000) 78 Cal.App.4th 445, 450, quoting Illinois v. Gates (1983) 462 U.S. 213, 238 [76 L.Ed.2d 527, 548].) "A 'practical, nontechnical' probability that incriminating evidence is involved is all that is required. [Citation.]" (Texas v. Brown (1983) 460 U.S. 730, 742 [75 L.Ed.2d 502, 514].)
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