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 Swanson v. Superior Court, supra, 211 Cal.App.3d 332, 259 Cal.Rptr. 260, the warrant affidavits were not attached to the warrants. The defendants moved to suppress evidence and to dismiss the charges against them because the affidavits had been sealed in their entirety under the confidential informant [12 Cal.App.4th 442] privilege of section 1041. The trial court examined the affidavits in camera and denied the defendant's motions. The reviewing court concluded "that the only portion of an affidavit that may be concealed from the defendant is that portion which necessarily would reveal the identity of a confidential informant. When the affidavit is in the form of a transcript which does not lend itself to a partial sealing, the problem can be solved by the addition of a written affidavit narrating those facts upon which probable cause is based that do not reveal the identity of the informant." (Id. at p. 339, 259 Cal.Rptr. 260.)
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