What is the test for determining whether errors in an affidavit supporting a search warrant were deliberate or recklessly made?

MultiRegion, United States of America

The following excerpt is from U.S. v. Senchenko, 133 F.3d 1153 (9th Cir. 1998):

The district court, after holding a Franks hearing, found that the errors were not made "deliberately or recklessly." We uphold this finding unless clearly erroneous. United States v. Dozier, 844 F.2d 701, 705 (9th Cir.1988). The threshold determination in a Franks hearing is whether erroneous statements or omissions in an affidavit supporting a search warrant were made "knowingly and intentionally, or with reckless disregard for the truth." Franks, 438 U.S. at 155, 98 S.Ct. at 2676. If such a finding is made, the court then determines whether "with the affidavit's false material set to one side, the affidavit's remaining content is insufficient to establish probable cause." Id. at 156, 98 S.Ct. at 2676.

Other Questions


What is the test for determining whether a search conducted during a search of a vehicle by a search warrant has exceeded the permissible scope of a search? (MultiRegion, United States of America)
When a search warrant is issued, can the search warrant be used to search for a suspect who has been detained without a warrant? (MultiRegion, United States of America)
If we conclude that the warrant supporting the search was supported by probable cause, should the search be limited to the scope of the search? (MultiRegion, United States of America)
Does the government have to obtain a search warrant to search for evidence that the search warrant was obtained without a warrant? (MultiRegion, United States of America)
What is the test for obtaining a search warrant under a warrant for search warrants where the affidavit contains misrepresentations or omissions? (MultiRegion, United States of America)
What is the test for a search warrant valid when the search warrant was signed only after the search party had presented its supporting facts? (MultiRegion, United States of America)
Does a search warrant that incorporated by reference a supporting affidavit constitute a valid search warrant? (MultiRegion, United States of America)
Does a search warrant need to include observations that indicate there is no evidence of criminal activity in the search warrant affidavit? (MultiRegion, United States of America)
Is a search warrant void if the affidavit upon which it is based contains a deliberate or reckless omission? (MultiRegion, United States of America)
What is the test for a search warrant to search a marijuana grow operation under warrant affidavit? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.