Can a police officer be found to have made erroneous assumptions about the evidence he received in his affidavit?
MultiRegion, United States of America
The following excerpt is from Kastis v. Alvarado, Case No. 1:18-cv-01325-DAD-BAM (E.D. Cal. 2019):
about the evidence he has received); United States v. Smith, 588 F.2d 737, 739-40 (9th Cir. 1978) (stating that an officer "made certain erroneous assumptions on the basis of the information he received; but this does not amount to the reckless inclusion of false statements in his affidavit").
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