What is the test for a search warrant under the Constitution requiring that probable cause be stated in the warrant affidavit?

MultiRegion, United States of America

The following excerpt is from U.S. v. Clark, 638 F.3d 89 (2nd Cir. 2011):

To be sure, the Constitution further requires that warrants be issued only upon probable cause, but it does not require that probable cause be stated in the warrant itself. See, e.g., United States v. Grubbs, 547 U.S. 90, 98, 126 S.Ct. 1494, 164 L.Ed.2d 195 (2006). Thus, to the extent probable cause was lacking to support a warrant to search the whole of the premises particularly described, the defect lies not in the warrant but in the warrant affidavit. That defect is properly addressed in considering a different Leon concern, whether the lack of probable cause was so obvious as to preclude reasonable reliance. See 1 LaFave, supra 1.3(f), at 87 (noting [t]his kind of case ... does not fit within the Leon third situation [but, rather,] is analytically most similar to that in which it turns out the warrant is lacking in any probable cause showing, and ought to be resolved in the same way (internal citations omitted)). We turn to that concern in the next subsection of this opinion.

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