"In the context of this case, a finding of probable cause would not be reasonable," Judge Chin wrote.
The assistant state's attorney, Jonathan C. Benedict, and his leading investigator on the case, Frank Garr, praised the judge's finding of reasonable cause and said they expected her to transfer the case to Superior Court.
While a warrant may issue only upon a finding of 'probable cause,' this Court has long held that 'the term 'probable cause' * * * means less than evidence which would justify condemnation,' Locke v. United States, 7 Cranch 339, 348, 3 L.Ed. 364, and that a finding of 'probable cause' may rest upon evidence which is not legally competent in a criminal trial.
But we need not decide whether a warrant may be issued solely on hearsay information, for in any event we find this complaint defective in not providing a sufficient basis upon which a finding of probable cause could be made.
It issued a finding of probable cause that the group had violated the law.
The corroboration of innocent activity is insufficient to support a finding of probable cause.
It cannot be said, therefore, that the commissioner's finding of probable cause was not justified.
The Court now holds these facts require a finding of probable cause.
Getting a search warrant would require a judicial finding of probable cause that the defendant committed a crime.
The standards also inform magistrates of the subsidiary findings they must make in order to arrive at an ultimate finding of probable cause.
