California, United States of America
The following excerpt is from People v. Vega, E066808 (Cal. App. 2018):
offered at the in camera hearing.' [Citation.] If not, 'the court should simply report this conclusion to the defendant and enter an order denying the motion to traverse.' [Citation.] By the same token, if the defendant has also moved to quash the warrant, 'the court should proceed to determine whether, under the "totality of the circumstances" presented in the search warrant affidavit and the oral testimony, if any, presented to the magistrate, there was "a fair probability" that contraband or evidence of a crime would be found in the place searched . . . .' [Citation.] In the event the court concludes probable cause existed to issue the search warrant, it should 'report this conclusion to the defendant and enter an order denying the motion to quash. [Citations.]' [Citation.]" (People v. Martinez (2005) 132 Cal.App.4th 233, 241.)
Where we "agree with the trial court that information contained in the confidential attachment, if disclosed, would tend to reveal the identity of the confidential informant or informants" and "[o]ur independent review of the record and sealed materials shows there is no reasonable possibility defendant could prevail on his motion[s,]" we may hold "under the totality of the circumstances there was probable cause to issue the search warrant." (People v. Martinez, supra, 132 Cal.App.4th at pp. 241-242.)
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