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CA8: Murray's second prong cannot be read literally; redacting tainted information still left probable cause

By John Wesley Hall, Jr.

"Although much of the [warrant] application was tainted and, therefore, not relevant to this analysis, the untainted portions nevertheless are sufficient to support a finding of probable cause. ... These circumstances show 'a fair probability that contraband or similar evidence will be found in the targeted place.' ... As the redacted application demonstrates probable cause, Murray's second prong is satisfied." United States v. Swope, 2008 U.S. App. LEXIS 19388 (8th Cir. September 12, 2008): Swope urges a strictly literal interpretation of the second Murray prong, asking whether the tainted information in any way "affected [the magistrate's] decision to issue the warrant." Murray, 487 U.S. at 542. However, no circuit has adopted such a reading, and we decline to do so here...continue to full post

Full post as published by Fourth Amendment on September 16, 2008 (boomark / email).