By sheer force of numbers - the 9th Circuit covers the most territory, has the most judges, and decides the most cases of any federal circuit - these guys have to get it right sometimes. Plus remember, the Chief Judge of the 9th Circuit is Alex Kozinski, who has been on the forefront of defending property rights, 2nd Amendment rights, etc.
And after reading the actual decision it appears the court was REALLY trying to hint that if the appeal had included the original judge signed warrant AND it was shown that these types of mistakes were “based on a false affidavit” or one that was “based on so lacking on indicia of probable cause”, it would have possibly looked favorably at the parent’s petition.
I am not a lawyer but I play one in front of my tv set every night watching Law and Order and yelling at Jack McCoy.