No. 25-6694

Donny Ray Moreno v. United States

Lower Court: Ninth Circuit
Docketed: 2026-02-03
Status: Pending
Type: IFP
Response WaivedIFP
Tags: confidential-informant law-enforcement materiality probable-cause reckless-omission search-warrant
Latest Conference: 2026-02-27
Question Presented (from Petition)

1. Whether the "materiality " prong of Franks v. Delaware, 438 U.S. 154
(1978), is satisfied when a search warrant affidavit recklessly omits a confidential
informant 's history of dishonesty, perjury, and drug addiction, but the lower court
upholds the warrant solely because police corroborated "innocent details " (such as
the defendant's address and vehicle) rather than incriminating conduct.

2. Whether the Ninth Circuit erred in holding that reckless omissions regarding
a confidential informant 's credibility are "immaterial " to probable cause, thereby
creating a dangerous precedent that allows law enforcement to sanitize warrant
applications so long as they can independently verify a suspect's public
movements.

Question Presented (AI Summary)

Whether the 'materiality' prong of Franks v. Delaware allows law enforcement to omit a confidential informant's credibility issues when corroborating 'innocent details'

Docket Entries

2026-02-12
DISTRIBUTED for Conference of 2/27/2026.
2026-02-09
Waiver of United States of right to respond submitted.
2026-02-09
Waiver of right of respondent United States to respond filed.
2025-12-17
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 5, 2026)

Attorneys

Donny Ray Moreno
Donny Ray Moreno — Petitioner
United States
D. John SauerSolicitor General, Respondent