State v. Vasquez-Marquez
Court of Appeals of Utah
1Dissent
THORNE, Associate
Presiding Judge (dissenting):
11 I agree with the majority opinion that the probable cause necessary to support a search warrant requires a nexus between suspected criminal activity and the place to be searched. See supra 15. The probable cause affidavit justifying a search warrant must support the magistrate's decision that there is a "fair probability" that evidence of the crime will be found in the place named in the warrant. And I agree that in determining whether there is a fair probability that evidence of a crime will be found in the place to be searched, the magistrate…
2Cases cited3 opinions
- Illinois v. GatesSupreme Court of the United States · 1983
- State v. SaddlerUtah Supreme Court · 2004
- State v. PennCourt of Appeals of Utah · 2004