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Arizona
Motion to Disclose Confidential Informants - Release

Arizona Motion to Disclose Confidential Informants - Release

Category:

Releases and Waivers - Disclosures

State:

Multi-State

Control #:

US-02221BG

Format:

Instant download

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

United States, 353 U.S. 53, 59 (1957), the Supreme Court recognized "the Government's privilege to withhold from disclosure the identity of persons who furnish information of violations of law to officers charged with enforcement of the law." The informer's privilege is qualified, however, and the court may override ...

Defendant informants, who have materially assisted the Department in any criminal investigation, may be considered for an appropriate sentence recommendation or if deemed applicable, their charges may be dismissed and not presented to the District Attorney's Office.

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."

An informant's identity must be revealed if there is a reasonable chance that nondisclosure might divest the defendant of a fair trial.

Informant's privilege is a legal right that allows the government to keep the identity and communications of its informants confidential. This means that the government does not have to reveal who gave them information or what was said.

Rule 508(c) establishes several exceptions to the privilege. No privilege exists if the informer discloses his identity to a person who would have cause to resent the communication. The privilege is also waived if the informer appears as a witness for the public entity.

The government-informant privilege protects from compelled disclosure the identity of informers who supply information about legal violations to the appropriate law enforcement personnel. The U.S. Supreme Court solidified this common law doctrine in Roviaro v. United States, 353 U.S. 53 (1957).

Sometimes, the prosecution will provide this. If the prosecution will not do this, defendant should file a discovery motion for disclosure of an informant's identity. This can be a powerful motion. Such a motion is grounded on the Sixth Amendment right to confront witnesses and due process to a fair trial.

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