What is the burden on a defendant who challenges a search warrant based on alleged omission in the affidavit?

California, United States of America


The following excerpt is from People v. Wall, B232286 (Cal. App. 2012):

A defendant who challenges a search warrant based on an alleged omission in the affidavit bears the burden of showing an intentional or reckless omission of material fact that, when added to the affidavit, renders it insufficient to support a finding of probable cause. (People v. Scott (2011) 52 Cal.4th 452, 484.) An omitted fact may be deemed material when there is a substantial probability that the fact, if disclosed, would have changed a reasonable magistrate's probable cause determination, or when the omitted fact makes the affidavit substantially misleading. (People v. Kurland (1980) 28 Cal.3d 376, 385.)

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