What is the test for obtaining a search warrant under a warrant for search warrants where the affidavit contains misrepresentations or omissions?
MultiRegion, United States of America
The following excerpt is from Organics v. Cnty. of San Diego, Case No.: 15-CV-854 JLS (MDD) (S.D. Cal. 2018):
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).
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Does the government have to obtain a search warrant to search for evidence that the search warrant was obtained without a warrant? (MultiRegion, United States of America)
What is the test for obtaining a conventional warrant for a second search warrant based on information obtained from a surreptitious search? (MultiRegion, United States of America)
What is the impact of section 2.256(8) of the Criminal Code on the search warrant used to obtain a search warrant for a speech-gathering warrant? (MultiRegion, United States of America)
What is the test for obtaining a search warrant under a warrant affidavit that contains misleading or omitted information? (MultiRegion, United States of America)
When a search warrant is issued, can the search warrant be used to search for a suspect who has been detained without a warrant? (MultiRegion, United States of America)
What is the test for obtaining a search warrant for search warrants for searches of electronic cigarettes and electronic cigarettes? (MultiRegion, United States of America)
Is a state-issued wiretap warrant permissible to obtain communications that have been obtained without a search warrant? (MultiRegion, United States of America)
What is the test for obtaining a search warrant for search warrants? (MultiRegion, United States of America)
Can a defendant challenge a warrant for search warrant when it contains deliberate or reckless omissions of facts that tend to mislead? (MultiRegion, United States of America)
What is the test for obtaining a search warrant for search warrants in the context of an informer's report? (MultiRegion, United States of America)
