United States v. Perkins, No. 15-30035 (9th Cir. 2017)Annotate this Case
Defendant plead guilty to receipt of child pornography and then appealed the denial of his motion to suppress evidence obtained from his home computers pursuant to a search warrant. The district court concluded that the investigating agent did not deliberately or recklessly mislead the magistrate judge by omitting material information from the warrant application. The court concluded that the district court clearly erred in finding that the agent did not act with at least reckless disregard for the truth because he omitted facts required to prevent technically true statements in the affidavit from being misleading, and had the omitted information been included, the application would not have supported probable cause. Accordingly, the court reversed, vacated, and remanded.