Awadallah
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This legal document, a page from a court filing dated April 16, 2021, discusses the legal standard for challenging an affidavit based on alleged omissions of fact. It cites numerous precedents, primarily from the Second Circuit and the Southern District of New York, to argue that a motion to suppress evidence should be denied unless the omissions were intentional, deliberate, or made with reckless disregard for the truth. The document emphasizes that this is a high standard to meet, as courts recognize that all affidavits will inevitably omit some facts that may seem significant in retrospect.
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This legal document, page 140 of a court filing from April 16, 2021, outlines the legal standard for a defendant to obtain a "Franks hearing" to challenge the validity of an affidavit used for probable cause. It details the three-part test a defendant must meet, requiring a "substantial preliminary showing" of inaccuracies or omissions in the affidavit that were material and made with deliberate falsehood or reckless disregard for the truth. The document explains that a court must then determine the materiality of these errors by revising the affidavit to see if it still supports a finding of probable cause.
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