Motion for Discovery

[Justacitizen16]

What is the name of your state (only U.S. law)? INDIANA

When a Drug Task Force receives anonymous tips via a Tipline and then further communicates with the tipster via email & cell phones to gather more information about the suspect and crime and tells the tipster that everything will be kept confidential, what will be included in the MOTION FOR DISCOVERY? Can they use the emails and notes from the cell phone conversations even though it was promised to be confidential?

 

[calatty]

The tipster's identity must be kept confidential. It will not be disclosed in discovery. Under limited circumstances, where the defendant believes the search warrant affidavit contains falsehoods, the defendant can make a motion requesting that the court review the confidential information to see if it warrants a Franks v. Delaware hearing, which is a hearing to determine whether the affidavit does contain material misrepresentations. It would be an exceedingly rare case in which the confidential informant's name is disclosed.