California, United States of America
The following excerpt is from People v. Gaines, A155602 (Cal. App. 2019):
A defendant may move to traverse a search warrant "by showing that the affiant deliberately or recklessly omitted material facts that negate probable cause when added to the affidavit." (People v. Eubanks (2011) 53 Cal.4th 110, 136.) " '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.' " (Id. at p. 136.) " 'Facts are "material" and hence must be disclosed if their
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omission would make the affidavit substantially misleading. . . . [Or] if, because of their inherent probative force, there is a substantial possibility they would have altered a reasonable magistrate's probable cause determination.' " (People v. Sandoval (2015) 62 Cal.4th 394, 409-410.) "Whether an affidavit provided the magistrate ' "substantial basis" ' for concluding there was probable cause is an issue of law 'subject to our independent review.' [Citation.] But, because '[r]easonable minds frequently may differ on the question whether a particular affidavit establishes probable cause,' we accord deference to the magistrate's determination and ' "doubtful or marginal" ' cases are to be resolved with a preference for upholding a search under a warrant." (People v. French (2011) 201 Cal.App.4th 1307, 1315.)
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