Query v. State

ON PETITION FOR TRANSFER

BOEHM, Justice.

This case deals with the circumstances under which the State must obtain a new search warrant if information undermining the probable cause in that warrant is discovered by the police after the warrant has been granted but before it has been executed. We hold that where the State learns that a material fact establishing the probable cause underlying a search warrant is incorrect, the State is obliged to inform, the issuing magistrate of the new facts and, if it fails to do so, the warrant is per se:invalid.' Information is material if it might affect…