If a tainted warrant affidavit is amended to remove tainted evidence from the warrant affidavit at issue, is the warrant sufficient to suppress evidence seized pursuant to the warrant?

California, United States of America


The following excerpt is from People v. Ingham, 5 Cal.App.4th 326, 6 Cal.Rptr.2d 756 (Cal. App. 1992):

Further, if the tainted evidence is removed from the warrant affidavit at issue here, the only evidence left is an anonymous allegation that drugs were purchased at defendant's residence. This evidence is insufficient to provide a neutral magistrate with probable cause to issue the warrant. (Cf. People v. Brown, supra, 210 Cal.App.3d 849, 858, 260 Cal.Rptr. 293.) Thus, the trial court properly suppressed the evidence seized pursuant to the warrant.

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