Are material omissions from an affidavit governed by the same rules as false statements?
MultiRegion, United States of America
The following excerpt is from U.S. v. Campino, 890 F.2d 588 (2nd Cir. 1989):
438 U.S. at 155-56, 98 S.Ct. at 2676-77. Material omissions from an affidavit are governed by the same rules as false statements. United States v. Ferguson, 758 F.2d 843, 848 (2d Cir.), cert. denied, 474 U.S. 1032, 106 S.Ct. 592, 88 L.Ed.2d 572 (1985). Franks does not require that all statements in an affidavit be true; it simply requires that the statements be "believed or appropriately accepted by the affiant as true." 438 U.S. at 165, 98 S.Ct. at 2681.
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