State v. Gardner

IN THE SUPREME COURT OF THE STATE OF KANSAS No. 127,541 STATE OF KANSAS, Appellant, v. MEGAN GARDNER, Appellee. SYLLABUS BY THE COURT 1. A judge presented with a search-warrant application must consider the totality of the circumstances and make a practical, common-sense decision about whether there is a fair probability that contraband or evidence of a crime will be found in a particular place. Probable cause is a fluid concept that requires only a probability or substantial chance of criminal activity, not an actual showing of such activity, and it is not a high bar. 2. When a defendant…