Can a confidential attachment to a search warrant be sealed to protect the identity of a confidential informant?
California, United States of America
The following excerpt is from People v. Downey, B291436 (Cal. App. 2020):
In issuing the search warrant for appellant's residence in this case, the magistrate ordered that a confidential attachment to the warrant be sealed under Evidence Code section 1041 to protect the identity of a confidential informant. (People v. Hobbs (1994) 7 Cal.4th 948, 971 (Hobbs).) Before trial, appellant filed a motion to unseal, quash, and traverse the search warrant. The People filed a written opposition.
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