The following excerpt is from U.S. v. Klump, 536 F.3d 113 (2nd Cir. 2008):
We review de novo whether alleged misstatements or omissions in a search warrant affidavit render the warrant invalid. See United States v. Canfield, 212 F.3d 713, 717 (2d Cir.2000).
A search warrant affidavit is presumed reliable. Franks v. Delaware, 438 U.S. 154, 171, 98 S.Ct. 2674, 57 L.Ed.2d 667 (1978). "In certain circumstances, however, a defendant may challenge the truthfulness of factual statements made in the affidavit, and thereby undermine the validity of the warrant and the resulting search or seizure." United States v. Awadallah, 349 F.3d 42, 64 (2d Cir.2003). To void the warrant and suppress the evidence based on a defective affidavit, the defendant must demonstrate, by a preponderance of the evidence, that there were intentional and material misstatements or omissions in the search warrant affidavit. Id.
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