What is the test for a search warrant issued in error?
MultiRegion, United States of America
The following excerpt is from U.S. v. Shanahan, 2 F.3d 1159 (9th Cir. 1993):
We review the magistrate's issuance of a search warrant for clear error. United States v. Bertrand, 926 F.2d 838, 841 (9th Cir.1991). We must determine whether the magistrate had a "substantial basis" for concluding that the affidavit in support of the warrant established probable cause. United States v. Brown, 951 F.2d 999, 1002 (9th Cir.1991) (citing Illinois v. Gates, 462 U.S. 213, 236 (1983)).
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