C.D.Cal.: Purging an invalid consent search from the affidavit for SW, the remainder shows no PC, so search suppressed

The testimony of the defendants on consent was consistent, detailed, and credible, but the testimony of the officers was vague. Thus, the consent is found invalid. Since the consent search made it into the affidavit for the search warrant, it has to be purged. The remainder shows no probable cause, and the motion to suppress is granted. United States v. Scott, 2016 U.S. Dist. LEXIS 93372 (C.D.Cal. April 27, 2016):

An affidavit submitted in support of a search warrant cannot contain products of an illegal warrantless search. United States v. Grandstaff, 813 F.2d 1353, 1355 (9th Cir. 1987) (citing Segura v. United States, 468 U.S. 796, 813-815, 104 S. Ct. 3380, 82 L. Ed. 2d 599 (1984)); see also United States v. Wanless, 882 F.2d 1459, 1466-67 (9th Cir. 1989). If it is determined that the affidavit submitted in support of the warrant contains unlawfully obtained evidence or false statements, the district court must purge the affidavit of the offending facts and then examine whether the remaining facts still afford a substantial basis for concluding that the search warrant is supported by probable cause. United States v. Bishop, 264 F.3d 919, 924 (9th Cir. 2001). The defendant has the burden to prove by a preponderance of the evidence that the affidavit submitted in support of the warrant contains unlawfully obtained evidence. Franks v. Delaware, 438 U.S. 154, 156, 98 S. Ct. 2674, 57 L. Ed. 2d 667 (1978).