What is the duty of disclosure in a search warrant affidavit?
California, United States of America
The following excerpt is from People v. Scott, F078624 (Cal. App. 2019):
But "[a]n affidavit need not disclose every imaginable fact however irrelevant. It need only furnish the magistrate with information, favorable and adverse, sufficient to permit a reasonable, common sense determination whether circumstances which justify a search are probably present. [Citations.] [] ... [A]n affiant's duty of disclosure extends
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only to 'material' or 'relevant' adverse facts.' " (People v. Kurland (1980) 28 Cal.3d 376, 384, fn. omitted.)
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