The following excerpt is from U.S. v. Johns, 851 F.2d 1131 (9th Cir. 1988):
5 We decline at this juncture to consider whether the violation of Rule 41 requires an evidentiary hearing even if it is clear that the officers met the Leon good faith test. If the government would not have conducted the search if the magistrate had required proper notice, then the violation of Rule 41 conceivably would be material enough to require suppression of the evidence found. United States v. Ritter, 752 F.2d 435, 441 (9th Cir.1985).
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