I posted Sunday about the post alleging that the FBI misled judge (and the L.A. Times story following up on that); just today, though, Judge Gary Klausner (C.D. Cal.) seems to have rejected that allegation, in Snitko v. U.S.:
Plaintiffs' other Fourth Amendment argument is that the Government misled Judge Kim in its warrant affidavit, thus breaching its duty of candor. Specifically, Plaintiffs note that the affidavit states only that the Government intended to inventory the box contents, while omitting the fact that investigators were making preparations to forfeit much of that property.
Naturally, law enforcement agents may not submit warrant affidavits that contain "material falsities or omissions." The test for determining whether a false statement or omission was material is whether an affidavit containing the omitted material would have provided a basis for a finding of probable cause." If probable cause would have remained even if the omitted facts were included in the affidavit, an omission is "immaterial." Further, an omission relating to "how the search would be conducted," rather than relating to "whether a warrant should issue" in the first place, is also immaterial.
Here, Plaintiffs do not argue that the purported omission—that the Government had made certain preparations to forfeit boxholder contents—had any effect on the existence of probable cause to search and seize USPV's property, including the nests of boxes. Rather, they base their argument on two Ninth Circuit cases that address alternative types of improper affidavit omissions.
