IA: Even removing the CI’s information from the affidavit, there was still PC for the search

“Even if we were to excise the complained of information–the information obtained from anonymous tipsters and the references in the warrant application concerning sightings of Gully at the residence in previous years–the issuing magistrate still had a substantial basis for concluding there was probable cause that Gully resided with Prince and the evidence sought in relation to the early morning shooting could be located in the place to be searched, Prince’s residence.” State v. Gully, 2018 Iowa App. LEXIS 884 (Sep. 26, 2018).

There was probable cause for the search warrant for defendant’s house. The officers had no information other than that he lived at that address, and he was seen coming and going from there. More importantly, the defendant himself referred to it as his address two months prior to the search. The search was alternatively valid as a probation search. There was both reasonable suspicion and warrants out for defendant’s arrest. United States v. Cotton, 2018 U.S. Dist. LEXIS 164608 (S.D. Cal. Sep. 24, 2018).*

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