People v. Parker CA4/1

DISCUSSION

A. The Court Committed Legal Error in Conducting Its In Camera Review 1. Background Parker moved to quash and traverse the wiretap search warrant and suppress the data collected from the search. He requested the trial court conduct an in camera hearing under People v. Hobbs (1994) 7 Cal.4th 948 (Hobbs) to determine whether: (1) the affidavit is facially sufficient; (2) information should be disclosed because it would not reveal the informant’s identity; (3) whether additional information is necessary to allow the court to undertake a complete review of the affidavit; (4) whether disclosure is necessary to ensure he has an opportunity to challenge the warrant; and (5) whether the informant may be a material witness to his guilt or innocence. The People responded to the motion and requested the court follow the Hobbs procedure. At the hearing on the motion, the trial court found Parker had standing to challenge the sufficiency of the wiretap warrant and had established sufficient cause to justify an in camera review. Following an in camera hearing, the trial court denied the motion to quash and traverse the warrant,

3 finding sufficient probable cause for issuing the…