Legal Opinion · Dissent

State v. Vasquez-Marquez

Court of Appeals of Utah

Decided January 23, 2009No. 20070488-CAPublished

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

  1. Illinois v. GatesSupreme Court of the United States · 1983
  2. State v. SaddlerUtah Supreme Court · 2004
  3. State v. PennCourt of Appeals of Utah · 2004

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