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


The following excerpt is from People v. Eastridge, E068916 (Cal. App. 2019):

"[A]ll or any part of a search warrant affidavit may be sealed if necessary to implement the [informant] privilege and protect the identity of a confidential informant. [Evidence Code] [s]ection 915, subdivision (b), expressly authorizes lower courts to utilize an in camera review and discovery procedure to effectuate implementation of the privilege." (People v. Hobbs (1994) 7 Cal.4th 948, 952; see also Evid. Code, 1041, 1042, subd. (b).)

"On a properly noticed motion by the defense seeking to quash or traverse the search warrant, the lower court should conduct an in camera hearing pursuant to the guidelines set forth in section 915, subdivision (b). . . . It must first be determined whether sufficient grounds exist for maintaining the confidentiality of the informant's identity. It should then be determined whether the entirety of the affidavit or any major portion thereof is properly sealed, i.e., whether the extent of the sealing is necessary to avoid revealing the informant's identity." (People v. Hobbs, supra, 7 Cal.4th at p. 972.)

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