Does an affidavit in support of a motion for disclosure of a confidential informant's identity need to be made on information and belief?

California, United States of America


The following excerpt is from People v. Oppel, 222 Cal.App.3d 1146, 272 Cal.Rptr. 340 (Cal. App. 1990):

6 We distinguish the instant situation, involving an affidavit in support of a motion for disclosure of a confidential informant's identity ( 1042(d)), from that involving an affidavit supporting a motion for discovery of police records ( 1043, subd. (b)(3)). In the latter situation an attorney's affidavit made on information and belief suffices, because the statutory scheme in question does not require personal knowledge of the material facts or of particular prior complaints. (City of Santa Cruz v. Municipal Court (1989) 49 Cal.3d 74, 86-93, 260 Cal.Rptr. 520, 776 P.2d 222.)

Other Questions


What are the grounds for keeping the informant's identity confidential and sealing the affidavit in order to avoid revealing the identity of the informant? (California, United States of America)
Does a plea of no contest preclude appellate review of the denial of a motion to disclose the sealed portion of the search warrant affidavit and discover the identity of a confidential informant? (California, United States of America)
Can a defendant bring a motion to quash a search warrant where the confidential portion of the affidavit was sealed to protect the identity of an informant? (California, United States of America)
Can a search warrant affidavit be sealed if necessary to implement informant privilege and protect the identity of a confidential informant? (California, United States of America)
In what circumstances have the courts considered that a confidential informant in a search warrant affidavit represented that the informant was reliable? (California, United States of America)
What is the impact of a motion to amend a motion in the Superior Court of Appeal against a motion by a defendant who alleges that the motion was improperly adjourned? (California, United States of America)
Does the disclosure of a confidential informant's identity need to be disclosed? (California, United States of America)
How have the courts interpreted the constitutional rights of the attorney general in a motion to compel disclosure of confidential information? (California, United States of America)
Does a governmental entity have a role in determining whether to grant a motion for disclosure of confidential information? (California, United States of America)
How have courts dealt with motions to quash and traverse a sealed search warrant and to disclose the identity of a confidential informant? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.