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

South Dakota 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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FAQ

Confidential Reliable Informant: A person whose reliability and credibility have previously been established. This usually consists of, but is not limited to, validating at least one prior occasion where information from this informant proved to be factual and resulted in a valid arrest, seizure, or conviction.

The South Dakota Sunshine Law is a series of laws designed to guarantee that public has access to public records of governmental bodies. Public records are defined as all records kept by public bodies in South Dakota, no matter the physical form.

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.

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.

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.

In assessing the reliability of informant-provided information, investigators should look to the specificity of that information and whether the information can be corroborated, as well as the circumstances under which the information was obtained.

There are four types of informant: a member of the public, a victim of a crime, a member of an organized criminal group or police officers themselves.