Legal Opinion
State v. Cook
Louisiana Court of Appeal
Decided January 17, 1986No. K-4767PublishedCited by 3 opinions
1Opinion of the Court
BARRY, Judge.
We granted certiorari to review whether this search conducted pursuant to a warrant was based on probable cause. The magistrate or judge must decide whether there is a fair probability that contraband will be found in a particular place under all the circumstances. The duty of the reviewing court is simply to ensure that the magistrate had a substantial basis for his conclusion that probable cause existed. Illinois v. Gates, 462 U.S. 213, 103 S.Ct. 2317, 76 L.Ed.2d 527 (1983).
The fact that the officers jumped a page fence and entered a neighbor’s yard without permission from the…
2Cases cited9 opinions
- Illinois v. GatesSupreme Court of the United States · 1983
- Katz v. United StatesSupreme Court of the United States · 1967
- United States v. VentrescaSupreme Court of the United States · 1965
- State v. FearnSupreme Court of Louisiana · 1977
- State v. LehnenSupreme Court of Louisiana · 1981
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3Cited by3 opinions
- State v. JordanLouisiana Court of Appeal · 1987
- People v. ClaeysCalifornia Court of Appeal · 2002
- State v. CookSupreme Court of Louisiana · 1986