In what circumstances will a plaintiff have to prove that an investigator falsified an affidavit in order to obtain a search warrant?
MultiRegion, United States of America
The following excerpt is from Mangiaracina v. Penzone, 849 F.3d 1191 (9th Cir. 2017):
information in a warrant affidavit, "a 1983 plaintiff must show that the investigator made deliberately false statements or recklessly disregarded the truth in the affidavit and that the falsifications were material to the finding of probable cause." Galbraith v. Cty. of Santa Clara , 307 F.3d 1119, 1126 (9th Cir. 2002) (emphasis added) (citation omitted).
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