Does the fact that a search warrant can be obtained without a judicial review of probable cause change the nature of the search warrant?
MultiRegion, United States of America
The following excerpt is from Din v. Kerry, D.C. No. 3:10-cv-00533-MHP, No. 10-16772 (9th Cir. 2013):
however, change the fact that the constitution guarantees a judicial determination of probable cause prior to the issuance of a search warrant. United States v. Grubbs, 547 U.S. 90, 99 (2006). It is inconceivable that the Government would argue that it could not provide the factual basis supporting probable cause based on the need to keep the investigation a secretan ex parte hearing conceals the investigation, while still allowing judicial review.
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