When does the affidavit supporting a search warrant contain information derived from unlawful conduct as well as untainted information?
California, United States of America
The following excerpt is from People v. Superior Court of L. A. Cnty., B276937 (Cal. App. 2017):
When the affidavit supporting a search warrant contains information derived from unlawful conduct as well as other, untainted, information, "the reviewing court must excise all tainted information but then must uphold the warrant if the remaining information establishes probable cause." (People v. Weiss, supra, 20 Cal.4th at p. 1081; see also Franks v. Delaware (1978) 438 U.S. 154 (Franks).)
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