California, United States of America
The following excerpt is from People v. Gonzalez, D053292 (Cal. App. 6/9/2009), D053292. (Cal. App. 2009):
The trial court may seal all or any part of a search warrant affidavit "if necessary to implement the [informant's] privilege and protect the identity of a confidential informant." (People v. Hobbs (1994) 7 Cal.4th 948, 971 (Hobbs).) Where the trial court has sealed all or a major part of a search warrant affidavit and the defendant files a properly noticed motion to quash or traverse the warrant, the court must conduct an in camera hearing and examine the affidavit for possible inconsistencies or insufficiencies in the probable cause showing. (Id. at pp. 972-973.) The prosecutor may be present at the hearing, but the defendant and defense counsel must be excluded unless the prosecutor waives any objection to their presence. (Id. at p. 973.)
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