Is a false statement or omission necessary to a finding of probable cause?
MultiRegion, United States of America
The following excerpt is from U.S. v. Tham, 960 F.2d 1391 (9th Cir. 1992):
The ultimate question of whether a false statement or omission is necessary to a finding of probable cause, is a mixed question of law and fact which we review de novo. We review the district court's underlying factual determinations for clear error. United States v. Ippolito, 774 F.2d 1482, 1484 (9th Cir.1985).
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