What is the test for determining whether a search warrant can be voided if a government affidavit contains a false statement?

MultiRegion, United States of America

The following excerpt is from U.S. v. Kessack, 983 F.2d 1078 (9th Cir. 1993):

As the district court noted, this issue turns squarely on whether the government included the offending statement in its affidavit either intentionally or recklessly. "Innocent misrepresentations by the affiant, even if material, [do] not vitiate a search warrant." United States v. Young Buffalo, 591 F.2d 506, 510 (9th Cir.1979). After an evidentiary hearing, at which the author of the affidavit both testified and was cross-examined, the district court found the statement to be an innocent mistake. No evidence at the hearing undermines this conclusion. The district court made no clear error. The false statement need not have been redacted from the affidavit.

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