When will a defendant waive his right to challenge the facial validity of a search warrant?

MultiRegion, United States of America

The following excerpt is from U.S. v. Shiver, 980 F.2d 740 (9th Cir. 1992):

Shiver waived his opportunity to challenge the facial validity of the search warrant because he failed to raise the issue in the district court. United States v. Restrepo-Rua, 815 F.2d 1327, 1329 (9th Cir.1987) (per curiam). He offers no reason why we should disregard the waiver. Therefore, we leave undisturbed the district court's finding that probable cause existed for the warrant.

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