Is it appropriate to withhold or conceal the identity of a confidential informant in a search warrant affidavit?

California, United States of America


The following excerpt is from People v. Hobbs, 12 Cal.App.4th 957, 286 Cal.Rptr. 135 (Cal. App. 1991):

In People v. Greenstreet (1990) 218 Cal.App.3d 1516, 267 Cal.Rptr. 377 the trial court redacted and sealed all parts of a search warrant affidavit that disclosed the identity of a confidential informant and gave defendant access to the remaining information. It was the sealed information that established probable cause to search. Relying on the literal language of section 1042, subdivision (b), and the holding in People v. Flannery (1985) 164 Cal.App.3d 1112, 1118-1120, 210 Cal.Rptr. 899, the reviewing court held that it was proper to withhold from the defendant the facts in the affidavit establishing probable cause to search without being compelled to issue a suppression order. (People v. Greenstreet, supra, 218 Cal.App.3d at pp. 1518-1520, 267 Cal.Rptr. 377.)

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)
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)
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)
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)
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)
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)
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)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.