Reel

Defendant was charged as an ex-felon with possession of concealable firearm. During hearing on his motions pursuant to Penal Code section 1538.5 and to quash and traverse search warrant, defendant moved to compel disclosure of an informant’s identity. At the conclusion of the hearing the court granted the motion whereupon the prosecutor requested an in camera hearing which the trial court denied. Upon the People’s failure to disclose the identity of the informant, the court dismissed the information. The People appeal from the order.

On May 20 Officer Miller went to defendant’s apartment, number 703 on Argyle Avenue where he executed a search warrant. The affiant officer (Officer Miller) alleged in the affidavit in support of the warrant that a confidential reliable informant told him that within the past 72 hours he had been inside of apartment 703 and had seen and examined a light brown powder in a cellophane container which defendant told him was, and he knew to be, heroin, and defendant told him he was going to sell it. Officer Miller testified that the informant told him he had been in defendant’s apartment 36 hours prior to the signing of the warrant.

During the…