What is the test for determining whether a statement in a warrant affidavit is false?
MultiRegion, United States of America
The following excerpt is from U.S. v. Hall, 74 F.3d 1247 (9th Cir. 1996):
The district court's factual findings as to whether a statement in a warrant affidavit is false will be reversed only if clearly erroneous. United States v. Vaandering, 50 F.3d 696, 699 (9th Cir.1995). The party seeking to invalidate the warrant bears the burden "to establish by a preponderance of the evidence his allegation that" a statement in the affidavit is untrue. United States v. Kiser, 716 F.2d 1268, 1273-74 (9th Cir.1983).
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