What is the name of your state?What is the name of your state? California
This case involves a confidential informant who's name is hand-written on a document that was siezed by police during a search warrant execution and is now a part of the evidence.
Question: At the preliminary hearing, when the defense asks of the affiant, "Do you know this person?" (in reference to the name on the document in evidence), how does the people's privilege come into play here? Claiming the privilege would indirectly expose the informant's identity, thus subverting the intent behind the privilege. In addition, any further questioning, even in the case that the affiant were to answer "yes" in reference to knowing the person behind the name, but without declaring him/her as the informant, could very well lead to information that might be deemed as privileged.
This case involves a confidential informant who's name is hand-written on a document that was siezed by police during a search warrant execution and is now a part of the evidence.
Question: At the preliminary hearing, when the defense asks of the affiant, "Do you know this person?" (in reference to the name on the document in evidence), how does the people's privilege come into play here? Claiming the privilege would indirectly expose the informant's identity, thus subverting the intent behind the privilege. In addition, any further questioning, even in the case that the affiant were to answer "yes" in reference to knowing the person behind the name, but without declaring him/her as the informant, could very well lead to information that might be deemed as privileged.