Can a defendant bring a motion to quash a search warrant where the confidential portion of the affidavit was sealed to protect the identity of an informant?
California, United States of America
The following excerpt is from People v. Windom, C070397 (Cal. App. 2012):
We have reviewed the sealed and unsealed materials and have determined that, first, the confidential portion of the affidavit was properly sealed to protect the identity of the informant; and, second, the trial court properly denied defendant's motion to quash the search warrant because ample probable cause supported the issuance of the warrant and the resulting searches. (See People v. Martinez (2005) 132 Cal.App.4th 233, 241-242.) Thus it is not reasonably probable
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that defendant would prevail, were he to bring a motion to quash the warrant in the trial court.
The judgment is affirmed.
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