Does Rule 41 sanction the precise method of submitting the affidavit?

Our finding that Rule 41 does not sanction the precise method of submitting the affidavit, however, does not end our analysis. Suppression is not required in all cases where the issuance of a search warrant fails to conform to the dictates of Rule 41. ² Only a "fundamental" violation of Rule 41 requires automatic suppression, and a violation is "fundamental" only where it, in effect, renders the search unconstitutional under traditional fourth amendment standards. See United States v. Burke, 517 F.2d 377, 386 (2d Cir. 1975); see also United States v. Radlick, 581 F.2d 225 (9th Cir. 1978); Navarro v. United States, 400 F.2d 315 (5th Cir. 1968). Violations of Rule 41 which do not arise to constitutional error are classified as "non-fundamental." "Non-fundamental" noncompliance with Rule 41 requires suppression only where: