Is a confidential affidavit in a search warrant application sufficient to be reviewed by the Court of Appeal?

California, United States of America


The following excerpt is from People v. Heslington, G043371, Super. Ct. No. 08HF1533 (Cal. App. 2011):

An appellate court is equally capable of reviewing confidential documents with an eye toward protecting a defendant's interests and rights. Moreover, our review of the sealed affidavit in this case is necessary to "meaningful appellate review of the warrant." (People v. Galland (2008) 45 Cal.4th 354, 370 [sufficient record required for meaningful appellate review of warrant]; see also Hobbs, supra, 7 Cal.4th at p. 975 ["In all instances, a sealed transcript of the in camera proceedings, and any other sealed or excised materials, should be retained in the record along with the public portions of the search warrant application for possible appellate review"].)

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)
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 assumption that evidence sufficient to warrant a search warrant justify the officers in making a search without a warrant justify their actions? (California, United States of America)
In a minor's probation application to the Court of Appeal, is the minor's claim that the search of his pockets was not justified by the search incident to arrest exception to the warrant requirement? (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)
Can deliberate omissions of material facts from an affidavit for a search warrant be used as evidence in the search warrant application? (California, United States of America)
How does the Court of Appeal review a search warrant application? (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)
In a search warrant application, what is the test for determining whether a search can be conducted in search warrants? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.