How have we reviewed the sealed and sealed portions of the affidavit in support of a search warrant?

California, United States of America


The following excerpt is from People v. Bustamante, B252930 (Cal. App. 2014):

unsealed nor the sealed portion."4 We have reviewed the sealed and unsealed portions of the affidavit, and the testimony at hearings held in open court and in camera hearings. As we explain below, substantial evidence supports the trial court's finding that there are no material misrepresentations in the affidavit. (People v. Hepner (1994) 21 Cal.App.4th 761, 776, 26 Cal.Rptr.2d 417 ["to the extent the court heard evidence and resolved factual issues in the [defendant's] efforts to traverse the affidavit in support of the search warrant, the trial court's good faith factual findings, "'whether express or implied, must be upheld if they are supported by substantial evidence"'"].) Assuming we independently reviewed the record, we would find no deliberate misrepresentations and no speculation designed to deceive.

i. "Investigation Linking Ruhani and Sedillo to the Target Offenses" section

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)
In support of a search warrant for the permanent residence of a convicted drug dealer, how have the courts interpreted the affidavit supporting the search warrant? (California, United States of America)
If a search warrant is obtained to search a house for shoes and/or clothes in connection with 5/9 Brims gang colors, is the search warrant supported by other lawfully obtained information? (California, United States of America)
Does a search warrant affidavit that supports the veracity of an affidavit need to be examined in order to support a third party culpability defense? (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)
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)
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)
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)
Is there any case law that supports the argument that a search warrant obtained from a cell phone records and other data extracted from the phone records is sufficient to support the claim that the search warrant is invalid? (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)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.