Does Defendant fail to demonstrate that material information was omitted from the affidavit to obtain a search warrant?

California, United States of America


The following excerpt is from People v. Easley, 187 Cal.Rptr. 745, 33 Cal.3d 65, 654 P.2d 1272 (Cal. 1982):

Defendant has thus failed to demonstrate that material information was omitted from the affidavit. In addition, he has pointed to no evidence to support his claim that the information was omitted with the intent to mislead the magistrate or in reckless disregard of the accuracy of the warrant. (People v. Kurland, supra, 28 Cal.3d at pp. 387-388, 390, 168 Cal.Rptr. 667, 618 P.2d 213.) On this record, which is admittedly incomplete because of the failure to litigate this claim in the trial court, it must be concluded that the omissions from the affidavit did not require the quashing of the search warrant.

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