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Hobbs Motion: A Key Legal Mechanism for Defendants' Rights
Definition & Meaning
Hobbs Motion is a legal request made to compel the prosecution to reveal the identity of a material confidential informant. This motion is often used to challenge the legitimacy of a sealed search warrant. Typically, law enforcement agencies prefer to keep parts of the search warrant affidavit confidential to protect the informant's identity. The law allows certain sections of the affidavit to be sealed to prevent the disclosure of information that could reveal the informant's identity.
When a Hobbs Motion is filed, the trial court may conduct an in camera review"an examination of the sealed materials" to determine if the informant's identity is relevant and necessary for the defense of the accused. The outcome often hinges on whether the informant could serve as a key witness regarding the defendant's guilt or innocence.
Table of content
Legal Use & context
Hobbs Motion is primarily used in criminal law, particularly in cases involving search warrants and the rights of the accused. It is a procedural tool that allows defendants to challenge the validity of search warrants by questioning the necessity of keeping informants' identities confidential. This motion can be crucial in ensuring a fair trial, as it may reveal evidence that could be beneficial to the defense.
Users can manage this process themselves with the right legal forms, such as those offered by US Legal Forms, which provide templates drafted by experienced attorneys.
Key legal elements
Real-world examples
Here are a couple of examples of abatement:
Example 1: In a drug trafficking case, the defense files a Hobbs Motion to uncover the identity of an informant who provided evidence for the search warrant. If the informant could testify to the defendant's innocence, the court may grant the motion.
Example 2: A defendant accused of robbery challenges the sealed search warrant used to gather evidence, arguing that the informant's identity is crucial to their defense. The court reviews the sealed materials to assess the motion's validity.
Relevant laws & statutes
Key case law relevant to Hobbs Motion includes:
People v. Hobbs, 7 Cal. 4th 948 (Cal. 1994): This case established the framework for evaluating the necessity of disclosing an informant's identity in relation to the accused's defense.
State-by-state differences
State
Hobbs Motion Considerations
California
Strong precedent for reviewing sealed affidavits and disclosing informant identities when relevant to the defense.
New York
Similar procedures exist, but courts may have different thresholds for disclosure.
Texas
Disclosure is often limited; courts may require a higher burden of proof for relevance.
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
Comparison with related terms
Term
Definition
Sealed Search Warrant
A search warrant that is kept confidential to protect sensitive information, including informant identities.
Confidential Informant
An individual who provides information to law enforcement under the condition that their identity remains undisclosed.
In Camera Review
A private examination by a judge of evidence that is not disclosed to the public or the parties involved.
Common misunderstandings
What to do if this term applies to you
If you believe a Hobbs Motion is relevant to your case, consider the following steps:
Consult with a legal professional to assess the merits of filing a Hobbs Motion.
Gather evidence that supports the need for disclosing the informant's identity.
Explore US Legal Forms for templates that can help you draft the necessary motion.
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