New Mexico Police Department Confidential Informant Declaration of Understanding and Agreement

State:
Multi-State
Control #:
US-02215BG
Format:
Word; 
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Description

A confidential informants work for the government, often secretly, to gather and provide information or to testify, sometimes in exchange for cash or leniency in punishment for their own crimes. Courts have clearly recognized that confidential police informers play a vital role in law enforcement. The near absolute privilege attached to the identity of these individuals is premised upon the duty of all citizens to aid in enforcing the law and is meant to protect these individuals against retribution from those involved in crime.


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

The marital /spousal privilege in California is the evidence rule that (1) you have the right not to testify against your husband or wife in a criminal jury trial when he or she are charged with a crime, and (2) you have the right not to disclose any confidential communications between you and your spouse.

Also known as the marital privilege, it protects communications privately disclosed between a husband and wife. Either spouse may invoke the privilege and prevent the other from testifying about their private marital communications in a civil or criminal matter.

A CONFIDENTIAL INFORMANT IS A SECRET SOURCE WHO, THROUGH A CONTACT OFFICER, SUPPLIES INFORMATION ON CRIMINAL ACTIVITY TO THE POLICE OR LAW ENFORCEMENT AGENT. THERE ARE BASICALLY TWO TYPES OF POLICE INVESTIGATION, REACTIVE AND PROACTIVE.

INFORMANTS MUST GIVE THEIR CORRECT NAMES AND ADDRESSES AT TRIAL TO ESTABLISH CREDIBILITY ONLY IF THEIR TESTIMONY DIFFERS FROM THE DEFENDANT'S AND THE DEFENSE WISHES TO IMPEACH. WITNESSES NEED NOT BE DISCLOSED AT TRIAL IF IT CAN BE SHOWN THAT THEIR HARM WILL ENSUE.

As nouns the difference between informer and informant is that informer is one who informs someone else about something while informant is one who relays confidential information to someone, especially to the police; an informer.

First is the identified citizen informant. This type of informant, i.e. an off-duty policeman, is deemed the most reliable of the three and is highly-credited by the courts.

Federal (and many state) courts recognize two types of spousal privilege: Spousal testimonial privilege, barring testimony against a spouse in a criminal trial, and. Marital communications privilege, barring testimony about confidential communications between spouses.

Citizen-informants are people who just happen to witness or otherwise have knowledge about a crime, and who approach the police with that info without expecting anything in return. Example: Jerry is involved in a bar brawl in which someone is stabbed.

Sources of information may be anonymous callers, police officers, citizen informants and others. Citizen informants generally provide information as a result of their belief in good citizenship, or because they're either witnesses to or victims of crime.

Yes, a spouse can be compelled to testify against another spouse if an exception to testimonial spousal privilege in criminal case applies. Similarly, a witness spouse can choose to testify against the defendant spouse, as the witness spouse is able to break testimonial spousal privilege.

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New Mexico Police Department Confidential Informant Declaration of Understanding and Agreement