Probable Cause for a Search Warrant
Whether probable cause is present to support a search warrant is determined by a totality of circumstances. Illinois v. Gates, 462 U.S. 213, 238, 76 L. Ed. 2d 527, 103 S. Ct. 2317 (1983); Keesee v. State, 110 Nev. 997, 1002, 879 P.2d 63, 67 (1994).
A deficiency in either an informant's veracity and reliability or his basis of knowledge "may be compensated for, in determining the overall reliability of a tip, by a strong showing as to the other, or by some other indicia of reliability." Gates, 462 U.S. at 233.
Further, the issuing judge's determination of probable cause should be given great deference by a reviewing court. Id. at 236. "
'A grudging or negative attitude by reviewing courts toward warrants,' is inconsistent with the Fourth Amendment's strong preference for searches conducted pursuant to a warrant; 'courts should not invalidate warrants by interpreting affidavits in a hypertechnical, rather than a commonsense, manner.'" Id.(quoting United States v. Ventresca, 380 U.S. 102, 108-09, 13 L. Ed. 2d 684, 85 S. Ct. 741 (1965)).
The duty of a reviewing court is simply to determine whether there is a substantial basis for concluding that probable cause existed. 462 U.S. at 238-39; Keesee, 110 Nev. at 1002, 879 P.2d at 67.