California Law Makes Affidavits For Search Warrants Private
I’m going to have to think over this for a while. In order to obtain a search warrant law enforcement officers must submit an affadavit to the court spelling out the whys and wheres and other information they have that gives them the probable cause necessary for the court to issue a warrant to search property without the owner’s permission. This affadavit has always become public record upon the issuance of the search warrant unless specifically ordered otherwise by the judge. California wants to change this procedure in their state courts. The affadavit still has to be filed for the search warrant to be obtained but they want the affadavit to remain secret by default. The defendent still will have the right to challange the warrant but will not have access to the affadavit used to procure the warrant. On the surface it stinks to high heaven but I’m not sure that it actually violates the 4th Amendment. This will be something to watch.

