Can a defendant who challenges a search warrant by alleging that the affiant deliberately or recklessly omitted material facts that negate probable cause?

California, United States of America


The following excerpt is from People v. Gaines, A155602 (Cal. App. 2019):

A defendant may move to traverse a search warrant "by showing that the affiant deliberately or recklessly omitted material facts that negate probable cause when added to the affidavit." (People v. Eubanks (2011) 53 Cal.4th 110, 136.) " 'A defendant who challenges a search warrant based upon an affidavit containing omissions bears the burden of showing that the omissions were material to the determination of probable cause.' " (Id. at p. 136.) " 'Facts are "material" and hence must be disclosed if their

Page 14

omission would make the affidavit substantially misleading. . . . [Or] if, because of their inherent probative force, there is a substantial possibility they would have altered a reasonable magistrate's probable cause determination.' " (People v. Sandoval (2015) 62 Cal.4th 394, 409-410.) "Whether an affidavit provided the magistrate ' "substantial basis" ' for concluding there was probable cause is an issue of law 'subject to our independent review.' [Citation.] But, because '[r]easonable minds frequently may differ on the question whether a particular affidavit establishes probable cause,' we accord deference to the magistrate's determination and ' "doubtful or marginal" ' cases are to be resolved with a preference for upholding a search under a warrant." (People v. French (2011) 201 Cal.App.4th 1307, 1315.)

Other Questions


Can a defendant challenge a search warrant by showing that the affiant deliberately or recklessly omitted material facts that negate probable cause? (California, United States of America)
Can a defendant challenge a search warrant by alleging deliberate or recklessly omitted material facts from the affidavit? (California, United States of America)
Can deliberate omissions of material facts from an affidavit for a search warrant be used as evidence in the search warrant application? (California, United States of America)
Does the affidavit supporting a search warrant invalidate the search warrant for a home searched for a stolen gun after the original warrant was issued? (California, United States of America)
Does the subsequent detention, questioning and search of defendant's person pursuant to the execution of the search warrant pursuant to probable cause? (California, United States of America)
If a search warrant authorizes a search, can the warrant authorizations to search the bag be added to the warrant? (California, United States of America)
Does the exclusionary rule apply when an officer acting with objective good faith has obtained a search warrant for the search warrant under the Golden Gate Drive search warrant? (California, United States of America)
Can a defendant challenge the veracity of an affidavit of probable cause made in support of a search warrant? (California, United States of America)
Is there any evidence that there is insufficient probable cause for the seizure of a laptop and the search warrant issued for that search warrant? (California, United States of America)
If an officer had probable cause to arrest a defendant, would the search of that defendant have been a search incident to a lawful arrest? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.