California, United States of America
The following excerpt is from People v. Crites, 2d Crim. No. B290024 (Cal. App. 2019):
Crites appeals and challenges the nondisclosure of the search warrant affidavit and the denial of his suppression motion. (Pen. Code, 1538.5, subd. (m); People v. Collins (2004) 115 Cal.App.4th 137, 149 [following guilty plea, appellant may seek review of denial of disclosure of informant to the extent motion is directed to legality of search].)
The prosecutor may exercise his privilege not to disclose the identity of a confidential informant if "the necessity for preserving the confidentiality of his or her identity outweighs the necessity for disclosure in the interest of justice." (Evid. Code, 1041, subd. (a)(2).) "[A]ll or any part of a search warrant affidavit may be sealed if necessary to implement the privilege and protect the identity of a confidential informant." (People v.
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