What is the test for probable cause in the search warrant application for the seizure of a safe containing information obtained from a closed safe?

MultiRegion, United States of America

The following excerpt is from U.S. v. Huguez-Ibarra, 954 F.2d 546 (9th Cir. 1992):

3 It is well established that mere association with known or suspected criminals does not give rise to probable cause. Ybarra v. Illinois, 444 U.S. 85, 91, 100 S.Ct. 338, 342, 62 L.Ed.2d 238 (1979); United States v. Hillison, 733 F.2d 692, 697 (9th Cir.1984).

4 The affidavit in support of the search warrant for the closed safe included information gained in the warrantless seizure of the residence. It goes without saying that this "fruit of the poisonous tree" is not to be considered in evaluating the existence of probable cause. See Wong Sun v. United States, 371 U.S. 471, 83 S.Ct. 407, 9 L.Ed.2d 441 (1963).

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