Legal Question in Criminal Law in California

In order to get a search warrant, a police officer must submit a sworn statement to a judge explaining why there is probable cause to conduct the search.

In an increasing number of cases, the cops ask the judge to seal all or part of that sworn affidavit, usually in the name of protecting informants who might face retaliation if their identities were revealed.

This sealing makes it very difficult for the defendant to challenge the warrant in a motion to suppress evidence.