South Carolina Motion to Disclose Confidential Informants - Release

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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.

South Carolina Motion to Disclose Confidential Informants — Release: Detailed Description and Types In South Carolina, a Motion to Disclose Confidential Informants — Release is a legal document filed by a defendant in a criminal case. This motion aims to request the court to reveal the identity of a confidential informant involved in the case. Confidential informants play a crucial role in criminal investigations by providing law enforcement agencies with insider information. Their identities are generally kept secret to protect them from potential retaliation and maintain the integrity of ongoing investigations. However, in certain situations, defendants may have a legitimate need to know the identity of these informants to mount an effective defense. The primary objective of filing a Motion to Disclose Confidential Informants — Release is to challenge the admissibility of evidence obtained through the confidential informant, and to assess their credibility and bias. By discovering the informant's identity, the defendant can investigate their background, motives, and potential biases that could impact the informant's testimony or evidence gathered. Different Types of South Carolina Motion to Disclose Confidential Informants — Release: 1. Pre-trial Motion to Disclose Informant: A defendant may file this motion during the pre-trial stage to request the court to disclose the identity of the confidential informant before the trial proceedings. This motion allows the defense to thoroughly investigate and prepare their case by understanding the informant's involvement and potential biases. 2. In-Court Motion to Disclose Informant: Sometimes, the identity of the confidential informant may be revealed during the trial proceedings. In such cases, the defendant may still file a motion requesting further disclosure of information related to the informant's background, credibility, or any agreements they may have made with law enforcement. 3. Post-conviction Motion to Disclose Informant: After a defendant has been convicted, they may file a motion to disclose the informant's identity if they believe it would reveal new evidence that could potentially support a claim of wrongful conviction, ineffective assistance of counsel, or other related claims. Keywords: South Carolina, Motion to Disclose Confidential Informants — Release, legal document, defendant, criminal case, confidential informant, law enforcement agencies, investigations, filing, court, admissibility, evidence, credibility, bias, pre-trial, in-court, post-conviction.

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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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In this chapter we discuss the role of confidential informants in FBI investigations and the rewards and risks associated with their operation. The prosecution shall not be required to disclose the identity of a confidential informant or may limit the disclosure of the identity of a confidential ...by JC Coleman — The question of whether or not the identity of a confidential informant should be disclosed to the defense is discussed. This handbook summarizes United States ... A defendant is entitled to the names and statements of the witnesses that the prosecution plans to call, as well as a list of physical evidence and documents. (A) Whenever any wire, oral, or electronic communication has been intercepted, no part of the contents of the communication and no evidence derived therefrom ... The next step is simply to ask the prosecution for disclosure of the informant's identity and location. Sometimes, the prosecution will provide this. If the ... The panel shall submit a certified report of its proceedings, including its findings of fact, conclusions of law, and mitigating and aggravating circumstances, ... ... file a Motion to Disclose an Informant, commonly known as an “MDI.” If this happens, and if the court determines that the CI would be a material witness for the. Jun 6, 2023 — The state is not required to disclose the identity of a confidential informant unless the disclosure is "otherwise required by law." G.S. ... (a3) The State is not required to disclose the identity of any individual providing information about a crime or criminal conduct to a Crime Stoppers ...

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South Carolina Motion to Disclose Confidential Informants - Release