California, United States of America
The following excerpt is from People v. Solis, B269472 (Cal. App. 2017):
The court must first determine whether sufficient grounds exist for maintaining the confidentiality of the informant's identity. The court should then determine whether the extent of the sealing of the affidavit or any major portion thereof is necessary to avoid revealing the informant's identity. (People v. Hobbs, supra, 7 Cal.4th at p. 972.) "The court, therefore, must take it upon itself both to examine the affidavit for possible inconsistencies or insufficiencies regarding the showing of probable cause, and inform the prosecution of the materials or witnesses it requires." (Id. at p. 973.)
If an affidavit is found to have been properly sealed and the defendant makes a challenge to traverse the warrant, "the court should then proceed to determine whether the defendant's general allegations of material misrepresentations or omissions are supported by the public and sealed portions of the search warrant affidavit, including any testimony offered at the in camera hearing. Generally, in order to prevail on such a challenge, the defendant must demonstrate that (1) the affidavit included a false statement made 'knowingly and intentionally, or with reckless disregard for the truth,' and (2) 'the allegedly false statement is necessary to the finding of probable cause.' [Citation.]" (People v. Hobbs, supra, 7 Cal.4th at p. 974.)
If the defendant has moved to quash the search warrant pursuant to section 1538.5, "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 pursuant to the warrant." (People v. Hobbs, supra, 7 Cal.4th at p. 975, quoting Illinois v. Gates (1983) 462 U.S. 213, 238.) In reviewing the
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