Is a warrant valid to search a person's home?

MultiRegion, United States of America

The following excerpt is from U.S. v. Gulsvig, 46 F.3d 1147 (9th Cir. 1995):

Gulsvig alleges that the search warrant was not supported by probable cause and that prior warrantless entries onto his curtilage and into his home tainted the later search. We review the issuance of a search warrant for clear error, United States v. Bertrand, 926 F.2d 838, 841 (9th Cir.1991), and give deference to the issuing judge's determination. Illinois v. Gates, 462 U.S. 213, 236; United States v. Greany, 929 F.2d 523, 524 (9th Cir.1991). The warrant is valid if, under the totality of the circumstances, the issuing judge had a substantial basis to conclude that probable cause existed. United States v. Brown, 951 F.2d 999, 1002 (9th Cir.1991); Gates, 462 U.S. at 238-39.

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