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If you have a registered copy of v.4.9.0 of SAM Broadcaster,. If you own a Sam Broadcaster serial number for v.4.9.0, it can be. was registered with LES for only six weeks in the year prior to the Federal Agent’s search. It is undisputed that LES rented a residence to Burke in October of 1985. This residence was in Gordon, Ohio, approximately eight miles from the Parke County house.
The law of this circuit is well-settled. Probable cause, for the purpose of determining a motion to suppress, requires only that the issuing magistrate have a substantial basis for concluding that there is probable cause to believe that contraband or evidence is located in a particular place. Illinois v. Gates, 462 U.S. 213, 239-40, 103 S.Ct. 2317, 2332, 76 L.Ed.2d 527, 548 (1983). While the original affidavit in this case is defective, the warrant itself clearly sets out the basis for probable cause. The magistrate having made a determination of probable cause, we agree with the district court that the Leon exception to the exclusionary rule applies, and that the evidence seized pursuant to the valid warrant should not have been suppressed.
The judgment of the district court is AFFIRMED.
The government moved to stay the appeal pending the Supreme Court’s decision in Massachusetts v. Sheppard, — U.S. —-, 107 S.Ct. 34, 93 L.Ed.2d 1 (1986). The motion was denied by this court. Upon the denial of the motion, our clerk entered an order that the appeal would proceed in this court
“Probable cause, for purposes of the Fourth Amendment, requires that the affiant demonstrate ‘a belief, as distinguished from mere suspicion, supported by circumstances sufficient to warrant a prudent [person] in believing that the [targets] are involved in criminal activity.’ ” Id. at —-, 107 S.Ct. at 34, 93 L.Ed.2d at 5
In its initial affidavit, LES claimed that two individuals were observed going into the house. LES did
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