Can a search warrant affidavit be sealed if necessary to protect the identity of a confidential informant?

California, United States of America


The following excerpt is from People v. Clark, B279211 (Cal. App. 2018):

All or any part of a search warrant affidavit may be sealed if necessary to protect the identity of a confidential informant. (Evid. Code, 1041; Hobbs, supra, 7 Cal.4th at p. 971.) "When a defendant seeks to quash or traverse a warrant where a portion of the supporting affidavit has been sealed, the relevant materials are to be made available for in camera review by the trial court." (People v. Galland (2008) 45 Cal.4th 354, 364.) "The court should determine first whether there are sufficient grounds for maintaining the confidentiality of the informant's identity. If so, the court should then determine whether the sealing of the

Page 4

Other Questions


Can a search warrant affidavit be sealed if necessary to implement informant privilege and protect the identity of a confidential informant? (California, United States of America)
Can a confidential attachment to a search warrant be sealed to protect the identity of a confidential informant? (California, United States of America)
Can a search warrant affidavit be sealed to protect the identity of a confidential informant? (California, United States of America)
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)
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)
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)
What are the grounds for keeping the informant's identity confidential and sealing the affidavit in order to avoid revealing the identity of the informant? (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)
How have courts dealt with motions to quash and traverse a sealed search warrant and to disclose the identity of a confidential informant? (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)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.