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

The following excerpt is from U.S. v. Williams, 989 F.2d 1061 (9th Cir. 1993):

We review a court's issuance of a search warrant for clear error and will uphold the warrant so long as the court had a "substantial basis" for concluding that the totality of the circumstances established probable cause. United States v. Bertrand, 926 F.2d 838, 841 (9th Cir.1991). A defendant can challenge a facially valid warrant when it contains deliberate or reckless omissions of facts that tend to mislead. United States v. Dozier, 844 F.2d 701, 705 (9th Cir.), cert. denied, 488 U.S. 927, 109 S.Ct. 312, 102 L.Ed.2d 331 (1988). Whether false statements or omissions are intentional or reckless is a factual finding reviewed under the clearly erroneous standard. Id.

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