Donny Ray Moreno v. United States

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.

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.