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Detective Roberts submitted the following affidavit with an application for a search warrant. The affiant, Detective Roberts, has good cause to believe that a large

  1. Detective Roberts submitted the following affidavit with an application for a search warrant. The affiant, Detective Roberts, has good cause to believe that a large quantity of marijuana and cocaine is presently at the home address of Angel Smith, whom the affiant and other police know is operating a major drug distribution put of his home. This information comes to us from a reliable, confidential informant who was present at Smith's home three days ago when the drugs were delivered. The informant has provided reliable information three times in the past which led to three successful convictions. Whereupon, affiant believes that a large quantity of marijuana and cocaine will be found now at Angel Smith's residence and requests that a warrant issue for the search of Angel Smith's home for marijuana and cocaine. Prior to submitting the affidavit and the warrant application to the magistrate, Detective Roberts contacted another informant who had purchased on several occasions both marijuana and cocaine from Smith with police buy-money. Roberts directed the informant to attempt another purchase from Smith. Several hours later, the informant called Roberts and told him he had visited Smith at his apartment and tried to purchase marijuana and cocaine, and that Smith told him that he was out and did not expect a shipment for two weeks. The day after receiving this information Detective Roberts submitted the above-noted affidavit and warrant application to the magistrate without informing the magistrate of the information received from the second informant. The warrant was issued and executed that day. During the subsequent search, Roberts found no marijuana or cocaine or other evidence relating to drug charges. However, pornographic pictures of children were discovered while searching for the drugs. Prior to trial, Angel Smith learned of the second informant who told Smith what he had told Detective Roberts. On the basis of that information, a motion to suppress the pornographic materials was filed. Should the motion to suppress be granted? (For this question, presume that any exceptions to the federal exclusionary rule do not apply.)

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