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Name: People v. Heslington
Case #: G043371
Court: CA Court of Appeal
District 4 DCA
Division: 3
Opinion Date: 05/20/2011
Summary

Compliance with People v. Hobbs (1994) 7 Cal.4th 948, 971-972, requires the trial court to determine whether the affidavit in support of a search warrant has been properly sealed and whether disclosures must be made of confidential material, but once that is accomplished and some disclosure has been made, it is up to the defense to amend or renew the suppression motion in light of the further disclosures. In this case, after a redacted affidavit had been disclosed by the prosecution, the court found a reasonable probability the defendant would prevail on the motion to suppress. Based on that finding, the People refused to make a further, full disclosure. The trial court then granted the suppression motion, not on the merits but rather pursuant to Hobbs. The defective procedure required reversal.