The following excerpt is from U.S. v. Travis, 988 F.2d 126 (9th Cir. 1993):
The determination of whether probable cause exists for the issuance of a search warrant requires an examination of the "totality of the circumstances" to determine whether "there is a fair probability that contraband or evidence of a crime will be found in a particular place." Illinois v. Gates, 462 U.S. 213, 238 (1983). 1 "The [reviewing] court may not reverse a magistrate's finding of probable cause unless it is clearly erroneous." United States v. Schmidt, 947 F.2d 362, 371 (9th Cir.1991).
A district court's denial of a motion to suppress is reviewed de novo. United States v. Negrete-Gonzales, 966 F.2d 1277, 1282 (9th Cir.1992). Factual findings at the suppression hearing are reviewed for clear error. Id.
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.