Is a motion to traverse a sealed warrant based solely on the information contained in the warrant application itself invalid?
California, United States of America
The following excerpt is from People v. Fluker, H045318 (Cal. App. 2020):
Denial of a motion to traverse a sealed warrant based solely on the information contained in the warrant application itself eliminates the distinction between a motion to quash (which tests whether the warrant application on its face establishes probable cause) and a motion to traverse (which tests whether extrinsic evidence shows statements in the affidavit are materially false or misleading). (See People v. Heslington (2011) 195 Cal.App.4th 947, 957, fn. 7.)
"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
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)
What is the legal test for establishing probable cause in a search warrant application based on unverified information from an untested or unreliable informant? (California, United States of America)
What is the impact of a motion to amend a motion in the Superior Court of Appeal against a motion by a defendant who alleges that the motion was improperly adjourned? (California, United States of America)
What is the test for probable cause in a search warrant application based on a sworn statement 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)
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)
In a motion to quash and traverse the search warrant, where the record is silent on the failure of the initial counsel to bring the motion? (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)
If an informant's information is sufficient to establish probable cause for arrest, is that information sufficient to warrant arrest? (California, United States of America)
Can a police officer obtain a warrant for the arrest of a professional narcotic peddler based solely on an informant's data? (California, United States of America)
