My name is XXXXX XXXXX I'd be happy to answer your questions today.
I'm sorry, but I wasn't able to find a Supreme Court or 9th Circuit case that specifically says that a warrant approved by a prosecutor is invalid. But that doesn't mean that it would be valid or allowed. If you have access to a law library, you can see if they have a system such as LexisNexis or Westlaw that would allow you to do a more in-depth search. The librarian could also help you look for 9th Circuit cases that cite the cases I have highlighted below, and that might help you find something that would help. That type of in-depth legal research is beyond the scope of this forum.
You can start with Massachusetts v. Sheppard
, 468 U.S. 981 (1984). In that case, the Supreme Court explained the "good faith" exception as allowing a warrant to stand where the officers had an objectively reasonable reason for believing they had obtained a valid warrant. A prosecutor cannot issue a search warrant, and the police should know it, so you can distinguish Sheppard by showing that the police in your case did NOT have an objectively reasonable basis for believing that the warrant was valid. You can also cite the Fourth Amendment, which clearly states that a warrant must be issued "by a magistrate" (not a prosecutor).
You can also distinguish the other cases where the court allowed for a "good faith" exception. For example, in United States v. Leon
, 468 U.S. 897 (1984), the officers took all appropriate measures to get a warrant, and only later found that it was invalid. If police only met with a prosecutor, again, that's not the same as actually receiving a warrant from a magistrate. In Arizona v. Evans
, 514 U.S. 1 (1995), police were acting on a good faith believe that there was a valid arrest warrant for the defendant. That's not what happened in your case.
So, if there isn't a case that directly says, "police can't do this," what you can do is say, "Look at all these cases where the good faith exception was allowed, and look at how very different this case is from all of those cases. It's never been extended to a situation where police knew there was no warrant and didn't even apply to a magistrate to get one. Therefore, the exception shouldn't apply." Also, take a look at this article - it might give you some good ideas.