Giving affidavit a commonsense reading, there was PC

Probable cause was shown for a search of defendant’s office on Robins Air Force base for evidence of a bribery scheme. Defendant’s reading of the affidavit was hypertechnical and contrary to Ventresca, and the affidavit as a whole showed probable cause. United States v. Deason, 2008 U.S. Dist. LEXIS 28410 (M.D. Ga. April 8, 2008)*:

Therefore, where the “circumstances are detailed, where reason for crediting the source of the information is given, and when a magistrate has found probable cause, the courts should not invalidate the warrant by interpreting the affidavit in a hypertechnical, rather than a commonsense, manner.” Id. In cases where the affidavit presents only doubtful or marginal probable cause, “the resolution … should be largely determined by the preference to be accorded to warrants.” Id. Thus, the magistrate judge’s determination of probable cause is given great deference. See id. A court’s determination about whether probable cause supported a warrant involves simply “a practical, commonsense decision whether, given all the circumstances set forth 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, 462 U.S. 213, 238, 103 S. Ct. 2317, 76 L. Ed. 2d 527 (1983).

Summary judgment denied over forced physical examinations of plaintiffs’ children because of a fact dispute over whether they actually or impliedly consented. Plaintiffs contended they were not informed of the alleged voluntary nature of the examinations in a language they could understand. Doe v. Regents of the Univ. of Cal., 2008 U.S. Dist. LEXIS 28510 (E.D. Cal. April 8, 2008).*