In what circumstances will a court grant qualified immunity to a defendant who admitted making a false statement in a search warrant application?

MultiRegion, United States of America

The following excerpt is from Ganek v. Leibowitz, No. 16-1463-cv (2nd Cir. 2017):

To determine whether a false statement was necessary to a finding of probable cause, we consider a hypothetical corrected affidavit, produced by deleting any alleged misstatements from the original warrant affidavit and adding to it any relevant omitted information. See Soares v. Connecticut, 8 F.3d 917, 920 (2d Cir. 1993); accord Escalera v. Lunn, 361 F.3d 737, 743-44 (2d Cir. 2004). If probable cause is lacking after such correction, then the false statement was "necessary" to secure issuance of the warrant. In that case, defendants would be entitled to qualified immunity only at the second step of analysis, i.e., if a similarly situated law enforcement official could have held an objectively reasonableeven if mistakenbelief that the corrected affidavit demonstrated the necessary probable cause. See Escalera v. Lunn, 361 F.3d at 744 (holding that if corrected affidavit provides "objective basis to

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