E.D.Cal.: No sealing SW materials without a showing of justification from government

The government’s motion to seal search warrant materials from a year ago because the investigation is ongoing is denied for lack of a showing of justification. In re Matter of Application by United States for Search Warrant to Search, 2025 U.S. Dist. LEXIS 218242 (E.D. Cal. Nov. 5, 2025):

The government again fails to demonstrate an adequate basis to support sealing the search warrant application and related papers. Although the affiant attests (without elaboration or detail) that the investigation of a potential uncharged co-conspirator is ongoing, the undersigned observes that the subjects of the investigation identified in the affidavit (including the user of the cellular telephone sought to be targeted by the instant search warrant) were charged by indictment more than one year ago. The government offers no information — detailed or otherwise — that would permit a finding under these circumstances that the compelling interest of preserving the secrecy of an ongoing investigation outweighs the public’s interest in accessing post-indictment search warrant materials. See Business of Custer Battlefield Museum and Store, 658 F.3d at 1194.

Further, as to both grounds advanced in support of the request for sealing — ongoing criminal investigation and privacy of telephone numbers — the affiant has not attempted to explain why the government’s compelling interests cannot adequately be preserved by redacting sensitive information from the application materials. See Oregonian Publ’g Co., 920 F.2d at 1167 n.1.