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informants rights

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curiousminds

Junior Member
What is the name of your state (only U.S. law)? North Dakota

the defendant is arrested details are in news papers and on the news.

Exact dates, times, location and weights.

Then in court the defendant hears audio evidence collected during "controlled buys"

Bam! Confirmation on idenity!

Defendant has contacted informant and states cops never hid idenity, they were very open during questioning. Protecting informants idenity was something they cared less about.

Shouldn't the informant have at the very least been informed they were no longer confidential?

are the police, courts, whomever responsible to protect the idenity per the agreement?

If the audio evidence collected was used in court shouldn't there have been some contact with a judge attorneys or anyone?

Any help is appreciated,
 
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Ohiogal

Queen Bee
What is the name of your state (only U.S. law)? North Dakota

the defendant is arrested details are in news papers and on the news.

Exact dates, times, location and weights.

Then in court the defendant hears audio evidence collected during "controlled buys"

Bam! Confirmation on idenity!

Defendant has contacted informant and states cops never hid idenity, they were very open during questioning. Protecting informants idenity was something they cared less about.

Shouldn't the informant have at the very least been informed they were no longer confidential?

are the police, courts, whomever responsible to protect the idenity per the agreement?

If the audio evidence collected was used in court shouldn't there have been some contact with a judge attorneys or anyone?

Any help is appreciated,
A defendant has a right to know when the crime was committed and various other information. And if they didn't give the informant's name, the police did hide the "identity". Audio evidence is allowed to be used. ANY evidence the prosecution has against the defendant must be provided to the defendant.
 

curiousminds

Junior Member
I agree the defendant has those rights.. What about the informant? My kid sisters idenity is known. I apologize if I need it explained twice. This is so confusing.
 

Ohiogal

Queen Bee
I agree the defendant has those rights.. What about the informant? My kid sisters idenity is known. I apologize if I need it explained twice. This is so confusing.
The defendant has constitutional rights in this criminal proceeding. Your sister does not.
 

quincy

Senior Member
What is the name of your state (only U.S. law)? North Dakota

... Shouldn't the informant have at the very least been informed they were no longer confidential?

are the police, courts, whomever responsible to protect the idenity per the agreement?

If the audio evidence collected was used in court shouldn't there have been some contact with a judge attorneys or anyone? ...
To perhaps sate your curiosity a bit more, curiousminds, following are two links that cover the laws and some case law on confidential informants.

From the AELE Monthly Law Journal, 2009 (5) AELE Mo.L.J. 101, ISSN 1935-0007, Civil Liability Law Section, "Public Protection: Informants:"
http://www.aele.org/law/2009all05/2009-05MLJ101.pdf

From le.alcoda.org, "Confidential Informants: Protecting Their Identity:" http://le.alcoda.org/publications/files/INFORMANTS.pdf


How much protection an informant's identity can receive or will receive will depend on the facts of the case. It is often left for a court to decide whether the identity needs to be disclosed or, if not disclosed, whether the testimony can be used or if the case must be dismissed due to failure to disclose. As Ohiogal said, a defendant has Constitutional rights that must be preserved and protected and, as Tiger D said, being an informant can be risky.
 

Eekamouse

Senior Member
I agree the defendant has those rights.. What about the informant? My kid sisters idenity is known. I apologize if I need it explained twice. This is so confusing.
Snitches get stitches. Your sister is a rat and now she's worried about people finding out? Should have thought about that before.
 

curiousminds

Junior Member
I completely agree. she's a dirty rat but she's still my baby sister. what kind of person would I b if I didn't at least ask.
I am all for the defendant rights, in fact if someone would have contacted her prior to court the defendant would b free since the whole deal was forced n shady. She was never even charged with anything. I asked if she was did it for a lesser charge n she had no idea what I meant. Claims she was at a house with a friend cops came found a few grams of pot n some meth. She didn't know how much meth but described it as a coin maybe a dime. She was maranzized searched n taken to the station n told she had to complete 3 transactions in 3 weeks. They told her who where when blah blah. I'm all for defendant rights I was just wondering if she had any or if any were violated.
 

Ohiogal

Queen Bee
I completely agree. she's a dirty rat but she's still my baby sister. what kind of person would I b if I didn't at least ask.
I am all for the defendant rights, in fact if someone would have contacted her prior to court the defendant would b free since the whole deal was forced n shady. She was never even charged with anything. I asked if she was did it for a lesser charge n she had no idea what I meant. Claims she was at a house with a friend cops came found a few grams of pot n some meth. She didn't know how much meth but described it as a coin maybe a dime. She was maranzized searched n taken to the station n told she had to complete 3 transactions in 3 weeks. They told her who where when blah blah. I'm all for defendant rights I was just wondering if she had any or if any were violated.
None were violated. She made a deal to make the transactions so that she would not be charged with a crime or several.
 

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