What is the test for a finding of probable cause in an affidavit where an omission in the affidavit is intentional?

California, United States of America


The following excerpt is from People v. Lopez, 173 Cal.App.3d 125, 218 Cal.Rptr. 799 (Cal. App. 1985):

In the case of an omission, it must first be determined if the omission is material. A material fact is one which, if omitted, "would make the affidavit substantially misleading." (People v. Kurland, supra, 28 Cal.3d at p. 385, 168 Cal.Rptr. 667, 618 P.2d 213, [173 Cal.App.3d 134] emphasis original.) Omissions made intentionally are not necessarily made to mislead the magistrate. If all omissions are immaterial, the central question remaining is whether the affidavit on its face supports a finding of probable cause since only material omissions can render the affidavit inaccurate. (People v. Kurland, supra, 28 Cal.3d at p. 387, 168 Cal.Rptr. 667, 618 P.2d 213.)

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