What is the test for probable cause to search a particular place?

What is the test for probable cause to search a particular place?

• A. The weather at the time
• B. The fair probability that the premises will yield the item sought
• C. The size of the building
• D. The owner’s consent

Answer: (B)

Probable cause to search a specific place is met when there is a fair probability, i.e., a reasonable likelihood, that the premises will yield the item being sought. This “totality of the circumstances” standard looks at all the facts and circumstances available to show a reasonable chance that the evidence or contraband is located at that particular location. The test is not about the weather, nor the size of the building. Ownership or a owner's consent can allow a search without probable cause, but that’s a separate basis for a search and not the test itself.