In what circumstances have the courts considered that a confidential informant in a search warrant affidavit represented that the informant was reliable?

California, United States of America


The following excerpt is from People v. Hobbs, 30 Cal.Rptr.2d 651, 7 Cal.4th 948, 873 P.2d 1246 (Cal. 1994):

In Luttenberger, the affiant of a search warrant affidavit represented that a confidential informant was reliable, but gave no further details about the informant's background or reliability. Defendant did not assert that the affidavit was facially insufficient, nor did he seek disclosure of the informant's identity. Instead, he sought to mount a subfacial challenge, i.e., attack the underlying veracity of statements made on the face of the search warrant application. (See Franks v. Delaware (1978) 438 U.S. 154, 98 S.Ct. 2674, 57 L.Ed.2d 667 [Franks ].) Prior to the preliminary hearing, defendant had sought to invoke the procedures established in People v. Rivas (1985) 170 Cal.App.3d 312, 216 Cal.Rptr. 477 (Rivas ), by requesting an in camera review of information (e.g., police records and other documents) relating to the

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