What is the test for an affidavit in support of a search warrant containing information that has been unlawfully obtained?
MultiRegion, United States of America
The following excerpt is from U.S. v. Nagano, 959 F.2d 243 (9th Cir. 1992):
"When an affidavit in support of a search warrant contains information which is in part unlawfully obtained, the validity of a warrant and search depends on whether the untainted information, considered by itself, establishes probable cause for the warrant to issue." United States v. Alexander, 761 F.2d 1294, 1300 (9th Cir.1985) (quoting James v. United States, 418 F.2d 1150, 1151 (D.C.Cir.1969)).
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