The following excerpt is from U.S. v. Marin-Buitrago, 734 F.2d 889 (2nd Cir. 1984):
Similarly, in United States v. Young Buffalo, 591 F.2d 506, 511-12 (9th Cir.), cert. denied, 441 U.S. 950, 99 S.Ct. 2178, 60 L.Ed.2d 1055 (1979), the search warrant affidavit inaccurately recounted the eyewitness descriptions of a criminal perpetrator. Without these inaccurate descriptions, the suspect could not be positively identified as the perpetrator. The court held that a positive identification was not necessary to a finding of probable cause because there was sufficient indirect evidence to indicate that the unidentified suspect was involved in criminal conduct.
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