California, United States of America
The following excerpt is from People v. Lopez, 173 Cal.App.3d 125, 218 Cal.Rptr. 799 (Cal. App. 1985):
In the case of an omission, it must first be determined if the omission is material. A material fact is one which, if omitted, "would make the affidavit substantially misleading." (People v. Kurland, supra, 28 Cal.3d at p. 385, 168 Cal.Rptr. 667, 618 P.2d 213, [173 Cal.App.3d 134] emphasis original.) Omissions made intentionally are not necessarily made to mislead the magistrate. If all omissions are immaterial, the central question remaining is whether the affidavit on its face supports a finding of probable cause since only material omissions can render the affidavit inaccurate. (People v. Kurland, supra, 28 Cal.3d at p. 387, 168 Cal.Rptr. 667, 618 P.2d 213.)
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