Tennessee Motion to Disclose Confidential Informants - Release

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Multi-State
Control #:
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

This test was previously stated as the "Debot" test requiring the three "C"s: was the information predicting the commission of a criminal offence "compelling"? where that information was based on a "tip" originating from a source outside the police, was that source "credible"?

An authorized emergency vehicle operated as a police vehicle may be equipped with or display a red light only in combination with a blue light visible from in front of the vehicle.

(3) Innocence-at-Stake Exception Informer privilege operates as a legitimate derogation from the accused's constitutional right to disclosure. 22 The only exception to the privilege occurs where the accused can show that his or her innocence is at stake.

The Tennessee Open Records Act is a series of laws designed to guarantee that the public has access to public records of government bodies at all levels. Records in the possession of public agencies in Tennessee are open to perusal by the public unless they are specifically exempted by statute or case law.

Information received by the state that is required by federal law or regulation to be kept confidential shall be exempt from public disclosure and shall not be open for inspection by members of the public.

T.C.A. §10-7-503(a)(2)(A) grants access to public records to ?any citizen of Tennessee.? ? A records custodian has the right to deny a request inspect and/or copy public records from a non-citizen. The denial is not required, it is discretionary. In Tennessee, citizen does include a convicted felon.

As a general rule, jailhouse informers should be prohibited from testifying. They might be permitted to testify in a rare case, such as kidnapping, where they have, for example, learned of the whereabouts of the victim.

Computer programs, software, software manuals, and other types of information manufactured or marketed by persons or entities under legal right and sold, licensed, or donated to Tennessee state boards, agencies, political subdivisions, or higher education institutions shall not be open to public inspection; provided, ...

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Tennessee Motion to Disclose Confidential Informants - Release