Can a defendant discover the identity of an informant to attack a valid search warrant affidavit?
California, United States of America
The following excerpt is from People v. Quintero, F073723 (Cal. App. 2018):
(People v. Galland (2008) 45 Cal.4th 354, 365.) Thus, "'[i]t is well settled that defendant has no right to discover an informant's identity solely to attack a facially valid search warrant affidavit. That right arises only where defendant shows a reasonable possibility that informant is a witness to guilt or innocence.'" (Luttenberger, supra, at p. 13; accord, People v. Lawley (2002) 27 Cal.4th 102, 159.)
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Does the affidavit supporting a search warrant invalidate the search warrant for a home searched for a stolen gun after the original warrant was issued? (California, United States of America)
For the purposes of a search warrant, can the search warrant be used in the search of a defendant's automobile, at the police station and some time after his arrest? (California, United States of America)
Can a search warrant be issued pursuant to an affidavit of a police officer wherein it appears that probable cause for the issuance of the warrant rests upon information furnished to him by an informant? (California, United States of America)
Is a search made under warrant valid if the search was conducted in accordance with the search warrant? (California, United States of America)
If a search warrant authorizes a search, can the warrant authorizations to search the bag be added to the warrant? (California, United States of America)
Does the search warrant for "any vehicles" provision in the first warrant for a search warrant apply to a vehicle search? (California, United States of America)
Does the exclusionary rule apply when an officer acting with objective good faith has obtained a search warrant for the search warrant under the Golden Gate Drive search warrant? (California, United States of America)
Does a plea of no contest preclude appellate review of the denial of a motion to disclose the sealed portion of the search warrant affidavit and discover the identity of a confidential informant? (California, United States of America)
If a tainted warrant affidavit is amended to remove tainted evidence from the warrant affidavit at issue, is the warrant sufficient to suppress evidence seized pursuant to the warrant? (California, United States of America)
If a search warrant is obtained to search a house for shoes and/or clothes in connection with 5/9 Brims gang colors, is the search warrant supported by other lawfully obtained information? (California, United States of America)
