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informants rights

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P

protection

Guest
I have a question on the rights of "informants".
If you send in a tip to the police thru their web site, and the police act upon this tip, arresting and charging the person in question,does the laywer or the person arrested have any way of finding out who sent the tip in?
Since the tip was a written one, thru the web site of the Police Department, can the suspect or their laywer read this tip. Also since the arresting officer told the suspect they were acting on a tip, how protected is the person who sent the tip in, even though the tip was anonymous and revealed no information as to their identity?
Basically what I'd like to know, is there any way the person arrested {which resulted in a felony for DWI/no lisence}or their laywer have any access to the tip? And can the police not reveal this information.
Thank You
 


L

lawrat

Guest
I am a law school graduate. What I offer is mere information, not to be construed as forming an attorney client relationship.

Well, in discovery (when you get evidence for trial), the defense is entitled to any and all information that might exonerate his client. So if he feels an informant's tip might do it, he is entitled to some form of transcript. However, he may not get the identity of the person, although if done through the internet, the IP address might give you away. This usually doesn't occur if you have DSL because the IP changes on DSL access.

You didn't give us the state you are from. This will help.

One example is the law from Arizona pertaining to informants (where their identity cannot be revealed):


41-1378. Complaint; investigation; investigative authority; violation; classification

A. All complaints shall be addressed to the ombudsman-citizens aide. If an agency receives correspondence between a complainant and the ombudsman-citizens aide, it shall hold that correspondence in trust and shall promptly forward the correspondence, unopened, to the ombudsman-citizens aide.

B. Within thirty days of receipt of the complaint, the ombudsman-citizens aide shall notify the complainant of the decision to investigate or not to investigate the complaint. If the ombudsman-citizens aide decides not to investigate and if requested by the complainant, the ombudsman-citizens aide shall provide the reasons for not investigating in writing.

C. The ombudsman-citizens aide shall not charge any fees for investigations or complaints.

D. In an investigation, the ombudsman-citizens aide may:

1. Make inquiries and obtain information considered necessary subject to the restrictions in section 41-1377.

2. Enter without notice to inspect agency premises with agency staff on the premises.

3. Hold hearings.

4. Notwithstanding any other law, have access to all state agency records, including confidential records, except:

(a) Sealed court records without a subpoena.

(b) Active criminal investigation records.

(c) Records that could lead to the identity of confidential police informants.

(d) Attorney work product and communications that are protected under the attorney- client privilege.

(e) Confidential information as defined in section 42-2001 except as provided in section 42-2003, subsection M.

(f) Information protected by section 6103(d), 6103(p)(8) or 7213 of the internal revenue code.

(g) Confidential information relating to section 36-2903, subsection J, section 36- 2917, section 36-2932, subsection F or section 36-2972.

(h) Confidential information relating to sections 36-507, 36-509 and 36-2220.

E. It is contrary to the public policy of this state for any state agency or any individual acting for a state agency to take any adverse action against an individual in retaliation because the individual cooperated with or provided information to the ombudsman-citizens aide or the ombudsman-citizens aide's staff.

F. If requested by the complainants or witnesses, the ombudsman-citizens aide shall maintain confidentiality with respect to those matters necessary to protect the identities of the complainants or witnesses. The ombudsman-citizens aide shall ensure that confidential records are not disclosed by either the ombudsman-citizens aide or staff to the ombudsman-citizens aide. The ombudsman-citizens aide shall maintain the confidentiality of an agency record. With respect to requests made pursuant to title 39, chapter 1, article 2 or other requests for information, the ombudsman-citizens aide shall maintain all records in the same manner that the ombudsman-citizens aide receives from the custodial agency as those on the custodial agency.

G. The ombudsman-citizens aide or any staff member or other employee of the ombudsman-citizens aide who knowingly divulges or makes known in any manner not permitted by law any particulars of any record, document or information for which the law restricts disclosure is guilty of a class 5 felony.
 
P

protection

Guest
Lawrat, Thank you for the help.
The state is NY. Ive learned that the police told the person that was arrested on the felony charge, was told where the tip came from. He was informed as to how they {police} received it. Does this mean that the client or the lawyer will be able to read the actual tip? Since it was sent anonoymously over the web site?
You said something about a Dl or url Im not familiar with what that means.
Thank you
 

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