California Penal Code section 1525

California Penal Code section 1525 provides that a search warrant cannot be issued but upon probable cause, supported by an affidavit. A defendant seeking to quash a search warrant bears the burden of establishing its invalidity. (Theodor v. Superior Court (1972) 8 Cal.3d 77, 101.) Most California appellate courts have adopted the federal standard of review, under which a magistrate's determination is given "'great deference'" and will not be overturned unless the affidavit fails as a matter of law to establish probable cause. (Fenwick & West v. Superior Court (1996) 43 Cal.App.4th 1272, 1277, 1278.) Probable cause to issue a search warrant exists when, based on the totality of circumstances described in the affidavit, "there is a fair probability that contraband or evidence of a crime will be found in a particular place." (Illinois v. Gates (1983) 462 U.S. 213, 238.) Because of the law's preference for warrants, doubtful or marginal cases should be resolved in favor of upholding the warrant. (People v. Superior Court (Corona) (1981) 30 Cal.3d 193, 203.)