CA2: If excising the tainted information from the affidavit still leaves PC, the search stands

“When an application for a search warrant includes both tainted and untainted evidence, ‘the warrant may be upheld if the untainted evidence, standing alone, establishes probable cause.’” Excising the challenged information here still yields probable cause on the totality. United States v. Jones, 2018 U.S. App. LEXIS 16892 (2d Cir. June 19, 2018).

“The district court properly dismissed Todd’s unreasonable search and seizure claim against defendants Skrah and Klamath County Sheriff’s Department on the basis of claim preclusion because Todd’s claim was raised, or could have been raised, in a prior action between the parties or those in privity with them, and the prior action resulted in a final judgment on the merits.” Todd v. Skrah, 2018 U.S. App. LEXIS 17241 (9th Cir. June 25, 2018).*

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