In what circumstances will a warrant be issued for a search warrant for the entry of an apartment in which there is evidence that does not support probable cause?

Mercado's affidavit, absent the reference to plain view observations, consists of statements describing the events leading up to the entry, that is, the very information that does not support a finding of probable cause. The only untainted reference to the possibility of finding weapons in the apartment came from the anonymous letter. As a matter of law, that fact alone will not support a finding of probable cause. See Gates, 462 U.S. at 239, 103 S.Ct. at 2332-33 (an affiant's statement that his belief is based solely on informant's conclusory assertion of criminal activity is inadequate). Normally we would (indeed, must) ask the district court to determine whether a warrant contains sufficient information to permit a finding of probable cause once the tainted evidence is removed. See Murray v. United States, 487 U.S. 533, 543, 108 S.Ct. 2529, 2536, 101 L.Ed.2d 472 (1988). Here, however, we have already held that there is not probable cause absent the tainted evidence, so we see no reason to remand for that determination.