South Carolina 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 is generally someone who has contacted the criminal justice system because of a criminal lifestyle, but is granted immunity from appropriate criminal justice sanctions in return for giving the police information about persons in the criminal underworld or participating with undercover police in illicit ...

Punishments for these violations are detailed in the SC Code of Laws §17-30-50. The act of recording nonconsensual communications is a criminal offense that can be charged as a Class F felony (least severe) up to a Class A felony (most severe) depending on the circumstances.

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.

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. HOWEVER, CONGRESS'S JENCKS ACT OF 1957 LIMITS THE TYPE OF PRETRIAL STATEMENTS TO BE GIVEN TO THE DEFENSE.

Rule 29 - Post Trial Motions (a) Generally. Except for motions for new trials based on after-discovered evidence, post-trial motions shall be made within ten (10) days after the imposition of the sentence.

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.

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.

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South Carolina Motion to Disclose Confidential Informants - Release