California, United States of America
The following excerpt is from People v. Beck, 256 Cal.Rptr.3d 1, 453 P.3d 1038, 8 Cal.5th 548 (Cal. 2019):
"This court has applied the rule in Franks to deliberate omissions of material facts from an affidavit for a search warrant. ..." ( People v. Sandoval (2015) 62 Cal.4th 394, 409, 196 Cal.Rptr.3d 424, 363 P.3d 41 ( Sandoval ).) At the same time, we have recognized "that a claim that material facts were omitted from an affidavit differs from a claim that the affidavit contains falsehoods: Though similar for many purposes, omissions and misstatements analytically are distinct in important ways. Every falsehood makes an affidavit inaccurate, but not all omissions do so. An affidavit need not disclose every imaginable fact however irrelevant.... [A]n affiants duty of disclosure extends only to "material" or
[256 Cal.Rptr.3d 50]
"relevant" adverse facts. [Citation.] [F]acts are "material" and hence must be disclosed if their omission
[8 Cal.5th 594]
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