What is the test for overturning a finding of probable cause to issue a warrant?
MultiRegion, United States of America
The following excerpt is from U.S. v. Montalvo, 972 F.2d 1346 (9th Cir. 1992):
A magistrate's finding of probable cause to issue a warrant will be overturned only if it is clearly erroneous. United States v. McQuisten, 795 F.2d 858 (9th Cir.1986). A district court's determination that a warrant was not overbroad is reviewed de novo. United States v. Spilotro, 800 F.2d 959 (9th Cir.1986).
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