What is the test for abuse of discretion in a search warrant application?

MultiRegion, United States of America

The following excerpt is from USA. v. Murillo, 255 F.3d 1169 (9th Cir. 2001):

We review a district court's evidentiary rulings for abuse of discretion. See United States v. Rahm, 993 F.2d 1405, 1410 (9th Cir. 1993). The denial of a motion to suppress evidence is reviewed de novo and the district court's factual findings are reviewed for clear error. United States v. Kemmish, 120 F.3d 937, 939 (9th Cir. 1997). The district court's determination that consent to search was voluntary is reviewed for clear error. United States v. Koshnevis, 979 F.2d 691, 694 (9th Cir. 1992).

1. Evidence Collected From the Warrantless Search.

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