What is the test for supporting an affidavit supporting probable cause?

California, United States of America


The following excerpt is from Fenwick & West v. Superior Court, 43 Cal.App.4th 1272, 51 Cal.Rptr.2d 294 (Cal. App. 1996):

In determining whether an affidavit is supported by probable cause, the magistrate must make a "practical, common-sense decision whether, given all the circumstances set forth in the affidavit ... there is a fair probability that contraband or evidence of a crime will be found in a particular place." (Illinois v. Gates, supra, 462 U.S. at p. 238, 103 S.Ct. at p. 2332.) The sufficiency of the affidavit must be evaluated in light of the totality of the circumstances. (Ibid.)

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