context: The Government contends that the DEA agents did have Torres' consent. However, assuming the agents did not have consent, the remainder of the affidavit provided sufficient probable cause to justify the issuance of the warrant.
citation_a.signal: see
citation_a.identifier: 240 F.Supp. 80, 82
citation_a.parenthetical: "[W]hen a warrant issues upon an affidavit containing both proper and improper grounds, and the proper ground -- considered alone -- are more than sufficient to support a finding of probable cause, inclusion of the improper grounds does not vitiate the entire affidavit and invalidate the warrant"
citation_a.sentence: United States v. Lace, 669 F.2d 46, 49 (2d Cir.1982) (ultimate inquiry on motion to suppress is not whether underlying affidavit contained allegations based on illegally seized evidence, but whether, putting aside all tainted allegations, lawful information in affidavit suffices to show probable cause); United States v. Agapito, 620 F.2d 324, 338 (2d Cir.), cert. denied, 449 U.S. 834, 101 S.Ct. 107, 66 L.Ed.2d 40 (1980); see United States v. Giordano, 416 U.S. 505, 554-56, 94 S.Ct. 1820, 1845-46, 40 L.Ed.2d 341 (1974) (Powell, J., concurring in part and dissenting in part); see e.g., James v. United States, 418 F.2d 1150, 1151 (D.C.Cir.1969) (“when an affidavit in support of a search warrant contains information that is in part unlawfully obtained, the validity of a warrant and search depends on whether the untainted information, considered by itself, establishes probable cause for the issuance of a warrant”); United States v. Epstein, 240 F.Supp. 80, 82 (S.D.N.Y.1965) (Weinfeld, J.) (“[W]hen a warrant issues upon an affidavit containing both proper and improper grounds, and the proper ground — considered alone — are more than sufficient to support a finding of probable cause, inclusion of the improper grounds does not vitiate the entire affidavit and invalidate the warrant”).
citation_b.signal: no signal
citation_b.identifier: 669 F.2d 46, 49
citation_b.parenthetical: ultimate inquiry on motion to suppress is not whether underlying affidavit contained allegations based on illegally seized evidence, but whether, putting aside all tainted allegations, lawful information in affidavit suffices to show probable cause
citation_b.sentence: United States v. Lace, 669 F.2d 46, 49 (2d Cir.1982) (ultimate inquiry on motion to suppress is not whether underlying affidavit contained allegations based on illegally seized evidence, but whether, putting aside all tainted allegations, lawful information in affidavit suffices to show probable cause); United States v. Agapito, 620 F.2d 324, 338 (2d Cir.), cert. denied, 449 U.S. 834, 101 S.Ct. 107, 66 L.Ed.2d 40 (1980); see United States v. Giordano, 416 U.S. 505, 554-56, 94 S.Ct. 1820, 1845-46, 40 L.Ed.2d 341 (1974) (Powell, J., concurring in part and dissenting in part); see e.g., James v. United States, 418 F.2d 1150, 1151 (D.C.Cir.1969) (“when an affidavit in support of a search warrant contains information that is in part unlawfully obtained, the validity of a warrant and search depends on whether the untainted information, considered by itself, establishes probable cause for the issuance of a warrant”); United States v. Epstein, 240 F.Supp. 80, 82 (S.D.N.Y.1965) (Weinfeld, J.) (“[W]hen a warrant issues upon an affidavit containing both proper and improper grounds, and the proper ground — considered alone — are more than sufficient to support a finding of probable cause, inclusion of the improper grounds does not vitiate the entire affidavit and invalidate the warrant”).