Can a search warrant be issued based on information from a confidential informant?

As occurred here, a search warrant may be issued based on information from a confidential informant. Because the identity of a confidential informant is privileged and not subject to public disclosure (Evid. Code, 1040), a court must seal portions of a search warrant affidavit that disclose an informant's identity. (People v. Hobbs (1994) 7 Cal.4th 948, 959 (Hobbs).) But sealing the parts of the affidavit that reveal an informant's identity will often deprive a defendant of information that was relied on to establish probable cause for the warrant. Without that information, a defendant may be unable to make the showing necessary to support a motion to quash or to meet the standard for an evidentiary hearing on a motion to traverse. This creates an unfair and constitutionally problematic situation. (See People v. Luttenberger (1990) 50 Cal. 3d 1, 18.)

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