Can a defendant challenge a search warrant by showing that the affiant deliberately or recklessly omitted material facts that negate probable cause?

On the same basis, a defendant may "challenge a search warrant by showing that the affiant deliberately or recklessly omitted material facts that negate probable cause when added to the affidavit. [Citations.] 'A defendant who challenges a search warrant based upon an affidavit containing omissions bears the burden of showing that the omissions were material to the determination of probable cause. [Citation.] "Pursuant to [California Constitution, article I,] section 28[, subdivision] (d), materiality is evaluated by the test of [Gates, supra,] 462 U.S. 213, which looks to the totality of the circumstances in determining whether a warrant affidavit establishes good cause for a search. [Citation.]" [Citation.]' [Citation.]" (People v. Eubanks (2011) 53 Cal.4th 110, 136.)

"First, the reviewing court must determine whether any omissions asserted are material . . . . Because an affidavit with no material omissions is substantially accurate and truthful, it corresponds for most purposes to an affidavit with no misstatements. Once all the asserted omissions have been deemed immaterial, the primary question is whether the affidavit on its face supports probable cause. If it does, the warrant usually must stand. [Citations.] [] If an omission is found material, the reviewing court must next determine . . . whether it arose innocently or from culpable conduct." (People v. Kurland (1980) 28 Cal.3d 376, 387.)