Massachusetts 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

Once You Become a Confidential Informant, the Police Own You. When you become a confidential informant, you say goodbye to your identity. Many of your freedoms and most of your constitutional rights have now been compromised. You are issued a CI number to hide your identity.

491.0147 Confidentiality and privileged communications. ?Any communication between any person licensed or certified under this chapter and her or his patient or client is confidential.

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.

(a) Inform each person who is requested to serve as a confidential informant that the agency cannot promise inducements such as a grant of immunity, dropped or reduced charges, or reduced sentences or placement on probation in exchange for serving as a confidential informant.

When a defendant files a motion to suppress, the judge will schedule a hearing. At the hearing, the Commonwealth bears the burden of proving the evidence was obtained legally. The hearing is usually evidentiary, which means the prosecutor will call witnesses to testify about how the evidence was gathered.

"Rachel's Law" requires law enforcement agencies to provide special training for officers who recruit confidential informants, instruct informants that reduced sentences may not be provided in exchange for their work, and permit informants to request a lawyer if they want one.

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Massachusetts Motion to Disclose Confidential Informants - Release