The following excerpt is from U.S. v. Cabassa, 62 F.3d 470 (2nd Cir. 1995):
In the instant matter, unlike Whitehorn, the government never actually obtained a warrant. Also unlike Whitehorn, the government's showing of probable cause was not "overwhelming." Whitehorn, 829 F.2d at 1229, 1231. Even if we agree with the district court that the government's draft affidavit demonstrated probable cause under the totality of the circumstances standard set forth in Illinois v. Gates, 462 U.S. 213, 230, 103 S.Ct. 2317, 2328, 76 L.Ed.2d 527 (1983), there is some room for disagreement. 3
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