dissenting.
I respectfully dissent.
The People assert that suppression of the evidence seized in defendant’s house is not required merely because the supporting affidavit contained some improper information. I agree with the People.
Contrary to defendant’s argument, after deleting the improper information from the affidavit, the other facts set forth therein, and other documents referenced therein, all obtained before the illegal entry, show probable cause to search and support the issuance of the warrant and the seizure of the evidence. See People v. McFall, 672 P.2d 534 (Colo.1983) (the validity of a search warrant does not turn upon the mere existence of unlawfully obtained information in the affidavit); People v. Dailey, 639 P.2d 1068 (Colo.1982) (a valid search warrant may issue if the information lawfully obtained, considered by itself, establishes probable cause to issue the warrant); People v. Hampton, 196 Colo. 466, 587 P.2d 275 (1978) (the fact that some portions of an affidavit are erroneous does not require that the remainder be ignored).
Furthermore, from the facts and circumstances of this case, as indicated by the affidavit and the referenced documents, it is apparent that the police .would have sought a warrant even if they had not first entered the house. See People v. Schoondermark, 759 P.2d 715 (Colo.1988). See also Murray v. United States, 487 U.S. 533, 108 S.Ct. 2529, 101 L.Ed.2d 472 (1988). Therefore, the trial court properly refused to suppress the evidence.
The judgment of conviction should be affirmed.