What is the test for a motion of probable cause?

California, United States of America


The following excerpt is from Klugman v. Superior Court, 252 Cal.Rptr.3d 759, 39 Cal.App.5th 1080 (Cal. App. 2019):

ensure that the magistrate had a substantial basis for ... conclud[ing] that probable cause existed." ( Illinois v. Gates (1983) 462 U.S. 213, 238-239, 103 S.Ct. 2317, 76 L.Ed.2d 527.)

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