What is the test for probable cause in a motion where an affidavit states that there is "substantial evidence of probable cause"?
California, United States of America
The following excerpt is from People v. Love, 168 Cal.App.3d 104, 214 Cal.Rptr. 483 (Cal. App. 1985):
Our duty as a reviewing court is to ensure that the magistrate had a " 'substantial basis for ... conclud[ing]' that probable cause existed." (Illinois v. Gates, supra, 103 S.Ct. at p. 2332; United States v. Hendricks (9th Cir.1984) 743 F.2d 653, 654, cert. den., 470 U.S. 1006, 105 S.Ct. 1362, 84 L.Ed.2d 382.) Here, there was no such basis. Reading the affidavit in a common
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