What is the test for a search warrant application for search warrants in a case with a redacted affidavit?

MultiRegion, United States of America

The following excerpt is from U.S. v. Constable, 122 F.3d 1074 (9th Cir. 1997):

The application for the search warrant is problematic because none of the described items independently establish probable cause, as the government conceded at oral argument. We review a district court's determination of probable cause in a case with a redacted affidavit de novo. United States v. Huguez-Ibarra, 954 F.2d 546, 551 (9th Cir.1992). In cases involving redacted affidavits, we owe no deference to the judge making the original determination of probable cause. United States v. Grandstaff, 813 F.2d 1353, 1355 (9th Cir.1987). Although this case presents a close question, given the totality of the circumstances, we sustain the district judge's probable cause determination.

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