People v. Seidenfaden CA3

DISCUSSION

Independent Review of In Camera Proceedings Citing People v. Hobbs (1994) 7 Cal.4th 948 (Hobbs) and its antecedents, defendant asks this court to “independently review the sealed in camera proceedings and

Our statement of facts is limited to the offense of which defendant was convicted.

2 search warrant affidavit” and to “determine whether the trial court erred in sealing the affidavit . . . and in denying [his] motions to traverse and quash the search warrant.” Defendant asks this court to reverse the trial court’s denial of the motion to traverse the warrant if the court determines that the sealed affidavit contains material misrepresentations or omissions. Defendant also asks that the denial of his motion to quash the search warrant be reversed if our review of the sealed materials reveals insufficient probable cause to issue the search warrant. The People agree that review of the sealed materials for abuse of discretion is proper. Background As noted, defendant’s residence was searched pursuant to a search warrant. In his statement of probable cause for the warrant, the affiant referred to a “ ‘Confidential Attachment’ ” supplied by a confidential informant…