What is the test for obtaining a conventional warrant for a second search warrant based on information obtained from a surreptitious search?

MultiRegion, United States of America

The following excerpt is from U.S. v. Sitton, 968 F.2d 947 (9th Cir. 1992):

The affidavit used to obtain the conventional warrant contained both information gained from the surreptitious search and other information. Because there is no evidence that the decision to seek the second warrant was prompted by the first search, the second warrant is valid if, excising the tainted statements, the untainted portions of the affidavit contain a sufficient showing of probable cause. Salas, 879 F.2d at 537; United States v. Villegas, 899 F.2d 1324, 1338 (2d Cir.), cert. denied, --- U.S. ----, 111 S.Ct. 535, 112 L.Ed.2d 545 (1990).

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