State v. Nielsen

In State v. Nielsen, 727 P.2d 188 (Utah 1986), the Court extended the Franks v. Delaware, 438 U.S. 154 (1978) holding to cases involving material omissions. Just as police officers may not include materially false statements in a warrant affidavit, they similarly cannot omit information that "materially affects the finding of probable cause." 727 P.2d at 191. Under Nielsen, omitted information will be deemed material "if an affidavit fails to support a finding of probable cause after . . . the omitted information is added." Id.