People v. Villeda CA2/6

FACTS

Acting under a search warrant, police officers searched Villeda’s home. They discovered 19 baggies of cocaine, an inoperative digital scale and empty baggies. Villeda admitted he had been selling drugs for six months. Portions of a two-page attachment to the affidavit in support of the warrant were sealed. Villeda moved to unseal those portions, to quash and traverse the warrant, and to suppress the evidence. The trial court conducted an in camera hearing from which Villeda and his counsel were excluded. The affiant of the affidavit in support of the warrant testified at the hearing. Following the hearing, the court denied Villeda’s motions. Villeda waived his right to a jury trial and proceeded by way of a court trial based on the submission of the preliminary hearing transcript. Finding Villeda guilty, the trial court sentenced him to 180 days in county jail plus 36 months probation.

DISCUSSION

All or part of a search warrant affidavit may be sealed if necessary to protect the identity of an informant who has supplied probable cause for the issuance of the warrant. (Hobbs, supra, 7 Cal.4th at p. 971.) In such cases, where the defendant moves to traverse or quash the…