The following excerpt is from United States v. Stitsky, No. 10-2767-cr(L), No. 10-4426-cr(Con) (2nd Cir. 2013):
To determine whether a misstatement or omission is necessary to the finding of probable cause, i.e., whether it is material, we look to a hypothetical "corrected affidavit," produced by adding to the original warrant affidavit the omitted information highlighted by defendants, as well as any other pertinent omitted information. United States v. Canfield, 212 F.3d 713, 718 (2d Cir. 2000). "If the corrected affidavit supports probable cause, the inaccuracies were not material to the probable cause determination and suppression is inappropriate." Id.
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