How do you reveal a confidential informant?

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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Motion to Disclose Confidential Informants - Release

Pennsylvania 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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How to fill out Motion To Disclose Confidential Informants - Release?

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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 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).

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.

If the confidential informant is disclosed and proceeds to testify at trial, the way to beat them would be to make them appear unreliable. You impeach them on the stand, which discredits the evidence, information, and testimony they give. Criminal defense attorneys have a host of tools to do this.

Here are ten warning signs: Something feels ?off.? Something about them just doesn't line up. ... Despite the misgivings of some members, the individual quickly rises to a leadership position. ... S/he photographs actions, meetings, and people that should not be photographed. ... S/he is a liar.

A confidential informant (CI)1 is defined as an individual requiring anonymity who provides useful information, directed assistance, or both, that enhances criminal investigations and furthers the mission of the agency, usually in exchange for financial or other consideration.

ALTHOUGH CONFIDENTIALITY OF INFORMANTS HAS LONG BEEN AFFIRMED IN FEDERAL LAW, IT IS NOT ABSOLUTE. GOVERNMENT WITNESSES CAN BE COMPELLED TO DISCLOSE THEIR SOURCES IF THE DEFENSE REQUIRES.

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.

Pennsylvania Motion to Disclose Confidential Informants - Release

Description

Related forms

Viewed forms

How to fill out Motion To Disclose Confidential Informants - Release?

Form popularity

FAQ

How do you reveal a confidential informant?

What is confidential informant privilege?

Can I expose a confidential informant?

How do you beat a confidential informant?

How do you find out if someone is a CI?

What are the characteristics of a confidential informant?

Do confidential informants have to tell you?

What is the exception to disclosing an informant's identity?

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Pennsylvania Motion to Disclose Confidential Informants - Release

Description

Related forms

Viewed forms

How to fill out Motion To Disclose Confidential Informants - Release?

Form popularity

FAQ

How do you reveal a confidential informant?

What is confidential informant privilege?

Can I expose a confidential informant?

How do you beat a confidential informant?

How do you find out if someone is a CI?

What are the characteristics of a confidential informant?

Do confidential informants have to tell you?

What is the exception to disclosing an informant's identity?

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