In reviewing the finding of fact regarding the affidavit used to obtain a search warrant for a drug dealer, what is the impact of nuances of testimony and the demeanor of witnesses?

MultiRegion, United States of America

The following excerpt is from U.S. v. Boggs, 852 F.2d 1290 (9th Cir. 1988):

In reviewing the trial court's finding of fact regarding the affidavit, this court must consider that "it may well have depended upon nuances of testimony and [the] demeanor of witnesses." Young Buffalo, 591 F.2d at 511. As in Young Buffalo, we cannot say here that any misstatements resulting from the affiant's synthesis of the available information manifested a reckless disregard for the truth, or that the district court's finding was clearly erroneous. See id. We conclude that the magistrate had a substantial basis for deciding that probable cause existed to support the issuance of the search warrant. See Illinois v. Gates, 462 U.S. 213, 238 (1983).

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