People v. Weiss

Opinion

CHIN, J.

We must decide in what way illegally obtained information in an affidavit supporting a search warrant affects the warrant’s validity. The Court of Appeal concluded that the illegally obtained information must be excised, but if the officers would have sought the warrant without it, and the remaining information supplies probable cause, the warrant is valid. Defendant argues that the reviewing court must additionally find that the magistrate would have issued the warrant without the tainted information. Consistent with most courts that have considered the question, we disagree…