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