Scumpy

Reopened

Under the "totality‑of‑the‑circumstances" test of Illinois v. Gates, 462 U.S. 213 (1983), probable cause exists where there is a fair probability that evidence of a crime will be found in a particular place. Affidavits must be interpreted in a "commonsense" manner that recognizes the training and experience of law‑enforcement affiants. United States v. Ventresca, 380 U.S. 102 (1965). As the affidavit below demonstrates, the convergence of independently corroborated surveillance observations, CSLI data, undercover recordings, and victim‑witness statements establishes far more than a "fair probability" that evidence of the enumerated offenses will be found at the Target Locations. Courts routinely uphold search warrants for the residences of suspected gang members where surveillance shows the member commuting between crime scenes and the residence. See, e.g., People v. Camarella (1991) 54 San.An.3d 592. CSLI and physical tailing place each SUBJECT at his respective residence within two hours of the Havana Club assault. Given the short temporal proximity and the inherent mobility of firearms, there is a fair probability evidence will be stored at these homes.

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