CA1: SW affidavit’s misstatements were careless at worst and not material to finding of PC

Defendant did not make the required showing that the search warrant affidavit misstatement that a black Volvo with the key license plate number was seen in the area of the fifth robbery was made intentionally rather than merely out of carelessness as the district court found. Even if the affidavit had made clear that the Volvo with the license plate registered to the black Volvo was not reported to be present at the scene of the fifth robbery, there would still have been plenty of evidence on which a search warrant would issue. The supporting affidavit also provided probable cause for the warrants for the installation of the GPS tracker. “We thus agree with the District Court that Patterson’s arguments about the lack of evidence to support a finding of probable cause ‘strain[] credulity.’” United States v. Patterson, 2017 U.S. App. LEXIS 25163 (1st Cir. Dec. 13, 2017).

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