Can reckless omissions or misleading statements be considered material and misleading to a magistrate judge?
MultiRegion, United States of America
The following excerpt is from Morse v. Cnty. of Merced, No. 1:16-cv-00142-DAD-SKO (E.D. Cal. 2017):
seized." Id. (citations and quotations omitted).16 In light of the totality-of-the-circumstances standard for determining probable cause, reckless omissions or misleading statements can be "considered material and misleading to a magistrate judge under circumstances where the omitted information bears strongly on the credibility of that witness and there is inadequate independent corroborating evidence." United States v. Ruiz, 758 F.3d 1144, 1153-54 (9th Cir. 2014).
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