Arkansas Motion to Disclose Confidential Informants - Release

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Multi-State
Control #:
US-02221BG
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Word; 
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Description

One issue when dealing with confidential informants is whether or not the government must disclose the identity of the informant. The issue of whether or not the government must disclose the identity of the confidential informant sometimes turns on whether the informant is a "mere tipster" or an actually participant in the transaction.


This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

If your criminal case involves a confidential informant who may be a material witness on your guilt or innocence, your criminal defense attorney should file a motion for disclosure of the CI, either as part of the pretrial process or during your trial.

An Informant Who Doesn't Testify Might Get Evidence Thrown Out?Maybe. In a case called State v.

The Confidential Informant Guidelines permit the FBI to authorize confidential informants to engage in activities that would otherwise constitute crimes under state or federal law if engaged in by someone without such authorization. Such conduct is termed "otherwise illegal activity" or "OIA."

Any party may serve on any other party a request (1) to produce and permit the party making the request, or someone acting on his behalf, to inspect and copy any designated documents (including writings, drawings, graphs, charts, photographs, phono-records, and other data compilations from which information can be ...

This test was previously stated as the "Debot" test requiring the three "C"s: was the information predicting the commission of a criminal offence "compelling"? where that information was based on a "tip" originating from a source outside the police, was that source "credible"?

As a general rule, jailhouse informers should be prohibited from testifying. They might be permitted to testify in a rare case, such as kidnapping, where they have, for example, learned of the whereabouts of the victim.

Rule 4 - Summons and Service of Process (a)Issuance of Summons. Immediately on the filing of the complaint, the clerk shall issue a summons to the plaintiff or the plaintiff's attorney, who shall deliver it for service to a person authorized by subdivision (c) of this rule to serve process.

An informant is only eligible for participation in the Witness Security Program if he/she is also a bona fide witness as defined in 18 U.S.C. 3521, et seq. Please note that merely requiring an informant to testify with the intent that he or she might become eligible for the Program is not sufficient qualification.

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Arkansas Motion to Disclose Confidential Informants - Release