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Sealed search warrant?

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Zzzyx

Junior Member
What is the name of your state? CA

Under what circumstances would a DA want a warrant sealed? Hiding something?

Just curious??
 


CdwJava

Senior Member
If the warrant has not yet been served, or its release might hinder the investigation in some way, then the DA is going to ask to keep it sealed.

- Carl
 

CavemanLawyer

Senior Member
Warrants aren't sealed to hide anything, and its certainly not to hide anything from the Defendant or his/her attorney. They still have a right to see the contents of the search warrant whether it is sealed or not. Sealed search warrants are done to protect individuals implicated in the warrant. They are usually used for mere evidence search warrants (not searching for contraband like drugs, but rather very specific things like letters addressed to such and such... stuff that only has meaning because of some other alleged offense.)

For example, when they searched Michael Jackson's Neverland Ranch they sealed the warrant because it dealt with minors and they could not release their names to the public. I'm not talking about the specific minor who was the complainant in the trial, they couldn't release the names of any other stuff connected with other children.

Another common reason to seal a warrant is when dealing with drug informants. The officers might be searching for incriminating correspondence between the defendant and their informant. You don't want to blow your informant on just one case by posting his name (real or undercover) to the public.
 
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CavemanLawyer

Senior Member
Ozark_Sophist, I think you misunderstood me but I probably didn't explain myself very well. Any document filed with a public court can be sealed. A search warrant consists of two parts, the warrant itself and the supporting affadavit. When I said a sealed warrant can't be used to hide anything from the Defendant, I am referring to the actual warrant. The Defendant always has the right to see the warrant upon timely request, even if it is sealed. I'm not referring to the affadavit which can be sealed so that the Defendant can't see it. But the affadavit can ONLY be sealed to the defendant up until the date that the indictment is returned. Once charges have been filed the Defendant and his/her attorney can of course then see the affadavit too since it is discovery and also since they have a right to attack it. I see your point that this is hiding information from the suspect to protect the investigation, but they have an absolute right to that information prior to trial.

I guess what I'm trying to say is that a sealed warrant cannot be used to gain leverage in the State's prosecution of the Defendant by keeping them in the dark. They are entitled to the warrant immediately and the affadavit pretrial. Thank you for correcting me though...you're right.
 

quincy

Senior Member
The media has long fought sealed warrants, based on the First Amendment right of access. This right of access extends to judicial records, including search warrants and documents filed in support of search warrant applications. These have historically been open for inspection.

If less restrictive alternatives are available to sealing a search warrant, they must be used. Redaction, for instance, can allow for protection of "confidential informants" while still protecting due process requirements.

The reasons given for sealing a warrant can only be considered essential when the sealing of the warrant preserves higher values (common law rights) or is essential to a compelling government interest (constitutional right). The government saying that a warrant needs to be sealed for an "ongoing criminal investigation" or to protect the rights of a confidential informant should not alone be enough to seal a warrant. The interests of all parties need to be considered, including the "defendant". A sealed warrant prohibits the examination of the warrant by the defendant to ensure, for instance, that there is probable cause for a search. The sealing removes the ability of a person accused to challenge the warrant. Due process is, therefore, violated.

Without access to judicial records, constitutional rights become meaningless.
 
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CdwJava

Senior Member
If the affidavit for the search warrant is revealed, and the investigation is still ongoing, even the redacted contents could provide insight as to the source of the information or the nature of the investigation. A sealed affidavit is rarely forever - and certainly not going to be very likely when they get to trial absent a very compelling reason.

I have been party to a number of these instances where we had multiple locations to be searched, and the searches could not be done simultaneously.

I don't think anyone here has advocated keeping them hidden in a star chamber forever, but there is little compelling reason to release these to the media while an investigation is still ongoing. I, for one, get really miffed when the press tells our suspect(s) that we are looking for evidence of their crimes ... even more miffed when the victim tells the paper that so-and-so is a suspect before we could serve the search warrant on her house (yeah, that happened)! Well, needless to say the evidence we were looking for was gone ... hmmm ... wonder why ...??

- Carl
 

quincy

Senior Member
I always enjoy hearing your perspective, Carl, because it is often so different from mine. :)

I, too, know of cases where the media has "interferred", to the detriment of a police investigation. But I have also seen the rights of individuals trampled in the name of police investigations, as well.

We are just trying to keep you guys honest. Occasionally we make a mess of it. ;)
 
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