California, United States of America
The following excerpt is from People v. Long, A152673 (Cal. App. 2018):
Defendant asserts the warrant affidavit was misleading because it failed to state that defendant had indicated he had a medical marijuana authorization and that the rifle was unloaded, registered and stored beyond the reach of his children. The trial court explicitly found that the affidavit contained no "falsehoods" and implicitly that the omissions were not material. We agree. Regardless of whether defendant held a medical authorization to possess and grow a limited number of marijuana plants for his personal use, the much larger number of plants on the premises was nonetheless significant as a potential sign of illegal activity. And the presence of a rifle on premises on which illegal marijuana production appeared to be occurring was significant even if registered, unloaded and stored away from the reach of children. There is no basis to consider the omissions either material or intentional. Adding the additional facts to the warrant application would not have altered the showing of probable cause that justified issuance of the search warrant. (People v. Waxler (2014) 224 Cal.App.4th 712, 720.)
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