Napier

BACKGROUND

On October 11, 2001, a California superior court judge signed a warrant that authorized a search of Napier’s person, three of his vehicles, and Napier’s residence. The officers seeking the warrant requested that the court seal an attach- ment to the affidavit—Attachment A—filed in support of the warrant. The attachment described two police-supervised and surveilled drug purchases during September and October of that year by a confidential informant from Napier. Based on Napier’s criminal record of drug trafficking and violence, the police officer affiant stated that this part of the affidavit must be sealed to (1) protect the safety of the confidential infor- mant, and (2) to protect the confidential informant’s identity in other ongoing investigations. The superior court judge, finding that the details of the two sales would allow Napier to ascertain the identity of the confidential informant, sealed that discrete part of the affidavit.

Later that day, the affiant and the sheriff’s deputies arrived at Napier’s residence to execute the search warrant. Before executing the warrant, the deputies observed Napier driving off in one of the vehicles identified in the search…