Legal Question in Criminal Law in California

in california santa clara county what would make them want to conduct a hobbs warrant?


Asked on 9/17/14, 2:58 am

1 Answer from Attorneys

Anthony Roach Law Office of Anthony A. Roach

You have your terminology mixed up. A warrant is issued when a law enforcement officer submits a declaration to a judge. That declaration (or affidavit) is supposed to show facts justifying the issuance of the warrant. Sometimes the officer will apply for the warrant based on a confidential informant, and the affidavit will be sealed. That is commonly called a "Hobbs" warrant or a warrant with a "Hobbs" affidavit.

The defendant can file a motion with the court to have the judge decide whether or not to unseal the affidavit so the defendant can challenge the claims of the unknown accuser. These motions are very technical, and I suggest having an attorney assist you if that is what your question is really about.

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Answered on 9/17/14, 7:37 am


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