Is a search warrant void if the affidavit upon which it is based contains a deliberate or reckless omission?

MultiRegion, United States of America

The following excerpt is from U.S. v. Bradley, 28 F.3d 108 (9th Cir. 1994):

A search warrant is void if the affidavit upon which it is based contains a deliberate or reckless omission which was necessary to the magistrate's finding of probable cause. United States v. Tham, 960 F.2d 1391, 1395 (9th Cir.1991). When a warrant is founded on allegedly misleading omissions, we review de novo the district court's ruling as to the existence of probable cause. United States v. Elliott, 893 F.2d 220, 222 (9th Cir.), amended, 904 F.2d 25 (9th Cir.), cert. denied, 498 U.S. 904 (1990). We review for clear error its determination whether a statement was intentionally or recklessly misleading. United States v. Bertrand, 926 F.2d 838, 842 (9th Cir.1991).

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