California, United States of America
The following excerpt is from People v. Cook, 148 Cal.Rptr. 605, 22 Cal.3d 67, 583 P.2d 130 (Cal. 1978):
In this context, moreover, the exclusionary sanction is particularly necessary. "Were the judicial response to be merely the elimination of the false statements and the assessment of the affidavit's adequacy in the light of the remaining averments, enforcement officers would be placed in the untoward position of having everything to gain and nothing to lose in strengthening an otherwise marginal affidavit by letting their intense dedication to duty blur the distinction between fact and fantasy." (United States v. Belculfine (1st Cir. 1974) 508 F.2d 58, 63.) That incentive will be removed if the result of uncovering perjury in the affidavit is to quash the warrant and suppress the evidence. 10
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