What is the good faith immunity of a police officer who materially misled a magistrate on the basis of a search warrant?

MultiRegion, United States of America

The following excerpt is from United States v. Raymonda, 780 F.3d 105 (2nd Cir. 2015):

The shield of good-faith immunity is lost, however, when an officer knows, or has reason to know, that he has materially misled a magistrate on the basis for a finding of probable cause. Golino v. City of New Haven, 950 F.2d 864, 871 (2d Cir.1991), cert. denied, 505 U.S. 1221, 112 S.Ct. 3032, 120 L.Ed.2d 902 (1992) ; see also United States v. Clark, 638 F.3d 89, 100 (2d Cir.2011) (good faith exception will not shield officer relying on duly issued warrant where, inter alia, the issuing magistrate has been knowingly misled (internal quotation marks omitted)). Suppression remains an appropriate remedy if the magistrate issuing the warrant was misled by information in an affidavit that the affiant

[780 F.3d 122]

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