What is the test for sealing a search warrant?

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

Page 32

Other Questions


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 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)
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)
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)
Under what circumstances will a search warrant be used to search a vehicle of a convicted drug dealer's vehicle in violation of the terms of search warrant? (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)
Is a search made under warrant valid if the search was conducted in accordance with the search warrant? (California, United States of America)
Can a search warrant be used to search for and seize items beyond the scope of the search warrant? (California, United States of America)
If a search warrant was obtained during a search and seizure of a shotgun, would the search warrant be invalid as fruit of the poisonous tree? (California, United States of America)
Does the search in the search warrant form part of a search 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.