What is the test for obtaining a warrant for a search warrant when the information from a warrantless search has been excised?

California, United States of America


The following excerpt is from People v. Navarro, G057046 (Cal. App. 2020):

In order to be valid on its face, a warrant must contain probable cause supported by an affidavit and describe with proper specificity the person or place to be searched. (Pen. Code, 1525.) Probable cause exists for a search warrant when "there is a fair probability that contraband or evidence of a crime will be found in a particular place" to be searched. (Illinois v. Gates (1983) 462 U.S. 213, 238.) The instant warrant met these requirements and was therefore valid on its face after the information from the warrantless search was excised.

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