Idaho Motion to Disclose Confidential Informants - Release

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US-02221BG
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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

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

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.

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."

After the prosecution closes its evidence or after the close of all the evidence, the court on defendant's motion or on its own motion, must enter a judgment of acquittal of any offense for which the evidence is insufficient to sustain a conviction.

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.

A party opposing the giving of testimony by video teleconference must give the court and opposing party written notification of objection or affirmative consent at least 14 days before the proceeding date.

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).

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Idaho Motion to Disclose Confidential Informants - Release