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confidental informant

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shook08

Junior Member
What is the name of your state? Washington is there any way to find out if someone is a confidential informant?
 


mrminister

Junior Member
Wait... they WONT list it in the discovery at some point? This must be a washington thing, in Florida you have the right to know what you are being accused of and who the accuser is (though they will try to put it off until the very end).
 

CavemanLawyer

Senior Member
I would not presume to know the laws of every state, but I would find it incredibly surprising if there was even one state that does not allow for the disclosure of a confidential informant given certain circumstances.

For now, I'll just deal with Washington state since that is where the poster is from. Yes, it is possible to force the state to disclose the CI. I looked and looked and cannot find the provision anywhere in Washington's Code, but I know it exists because there are ample cases on the subject. I'm amazed that your appellate judges don't cite the statutes in the opinions. It makes it difficult to find the authority. But here are the cases holding that the CI can be disclosed if their testimony would be relevant.

http://www.courts.wa.gov/opinions/index.cfm?fa=opinions.showOpinion&filename=591592MAJ
http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=wa&vol=2004_app/214851maj&invol=3

Disclosing a CI is generally referred to as, burning the CI, because they can no longer be used by law enforcement. It is generally only done when the CI was actually involved in the commission of the crime (CI bought dope from defendant, and they prosecuted defendant for this transaction) or at the very least the CI was present when the crime was committed. This generally only happens when the police screw up, because neither of these things should ever happen unless the state intended on burning the CI's identity from the start. This is done all the time and the CI's name is actually listed on the indictment. Its no secret after the arrest.

But if a CI is intended to remain confidential than the CI should only ever be used to introduce an undercover officer to the defendant or to develop probable cause for a search (CI has access to dealer's house and can say there are drugs there, that is enough for a warrant and the police can bust them long after CI has left the house.)

The short answer is that YES it is possible to have the CI disclosed, but you have the burden of showing cause to invade the privilege. You do it by filing a motion and requesting an in camera inspection by the judge (only judge gets to look at it). If the judge orders the CI to be disclosed than the State can either burn the CI or dismiss the case.
 

outonbail

Senior Member
The police generally will not identify the CI unless they have no case otherwise.

The police also play a little game called the two tier CI. This is where the actual CI who provides all the information to get the ball rolling, introduces another CI into the picture. The cops will not give up the true source CI, only the throw away CI.

The informant game in police work is a very dirty business and many police and agents look at the end result as justification among themselves. They are not so worried about benefiting from the fruit that comes off the forbidden tree

They usually refer to the main CI as the RC, the "Reliable Confidential Informant" Talk about an oxymoron,,,,,,
 

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