Is a search warrant that counsel deliberately waived applicable?
MultiRegion, United States of America
The following excerpt is from Pineda v. Craven, 424 F.2d 369 (9th Cir. 1970):
Here we are not called on to decide a question that counsel had deliberately refrained from asking the trial court to decide. The question here is whether the right to challenge the search warrant under Aguilar v. Texas, 378 U.S. 108, 84 S.Ct. 1509, 12 L.Ed.2d 723 (1964), which unquestionably was applicable, was knowingly waived. It is clear that it was not.
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