The following excerpt is from United States v. Norris, 942 F.3d 902 (9th Cir. 2019):
preliminary showing that: (1) "the affiant officer intentionally or recklessly made false or misleading statements or omissions in support of the warrant," and (2) "the false or misleading statement or omission was material, i.e. , necessary to finding probable cause." United States v. Perkins , 850 F.3d 1109, 1116 (9th Cir. 2017) (citation, alteration, and internal quotation marks omitted). Once the defendant makes that showing, to prevail at the subsequent hearing, he must establish both prongs by a preponderance of the evidence. See United States v. Martinez-Garcia , 397 F.3d 1205, 121415 (9th Cir. 2005).
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.