People v. Woodcox CA3

BACKGROUND

Butte County Sheriff’s deputies served a search warrant on defendant’s home; the basis for the search warrant was that defendant, a felon, was in possession of firearms. Defendant was home at the time of the search; he asked one of the deputies for “a copy of a probable cause.” The deputy told defendant he did not have one to give to him. Defendant demanded to know “who turned [him] in.” In defendant’s home, deputies found a loaded .22-caliber handgun, a 12-gauge shotgun, and a shotgun with a shortened barrel. Deputies also found .22-caliber ammunition, a box of shotgun shells, and 12-gauge shells. All of the weapons and ammunition were found in defendant’s bedroom.

DISCUSSION

Under Hobbs, “[o]n a properly noticed motion by the defense seeking to quash or traverse [a] search warrant” where any portion or all of the search warrant affidavit has been sealed, “the lower court should conduct an in camera hearing . . . . It must first be determined whether sufficient grounds exist for maintaining the confidentiality of the informant’s identity. It should then be determined whether the entirety of the affidavit or any major portion thereof is properly sealed, i.e., whether…