What is the test for obtaining a search warrant under a warrant affidavit that contains misleading or omitted information?

MultiRegion, United States of America

The following excerpt is from Organics v. Cnty. of San Diego, 341 F.Supp.3d 1129 (S.D. Cal. 2018):

"(1) establish that the warrant affidavit contained misrepresentations or omissions material to the finding of probable cause, and (2) make a substantial showing that the misrepresentations or omissions were made intentionally or with reckless disregard for the truth." Id. (quoting Bravo , 665 F.3d at 1083 ). To prevail on the materiality element, Plaintiffs must show that a search warrant would not have issued had the affidavit contained the truthful or omitted information. See Lombardi v. City of El Cajon , 117 F.3d 1117, 1126 (9th Cir. 1997).

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