What is the test for a police officer to be found guilty of making a false statement in an affidavit?

MultiRegion, United States of America

The following excerpt is from Kaskel v. Compagnone, No. 15-3802-cv (2nd Cir. 2016):

In so arguing, a plaintiff must show that the officer "knowingly and intentionally, or with reckless disregard for the truth, made a false statement in his affidavit or omitted material information, and that such false or omitted information was necessary to the finding of probable cause." Soares v. Connecticut, 8 F.3d 917, 920 (2d Cir. 1993) (internal quotation marks omitted). We evaluate such a claim by "put[ting] aside allegedly false material, supply[ing] any omitted information, and then determin[ing] whether the contents of the 'corrected affidavit' would have supported a finding of probable cause." Id. If probable cause remains, no constitutional violation occurred. Id.

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