Legal Question in Criminal Law in California

Can Confidential Informant be prosecuted for lying?

If a CI mislead a detective during a controlled buy, by telling the detective what he wanted to here in order to get charges for her and her girlfriend dropped told detective she bought drugs from a certain person, when in fact she got them from her girlfriend and thought they came from the person that lived there. It wasn't an out right lie, as she assumed that is where they came from. So if CI testifies to this at a Franks hearing can they prosecute her for lying to a police officer, but if they were to charge her then would that bring to light all the other cases the officer did with the CI, as he lied in this case on the affidavit and so did she. But she is scared to tell the truth as she is afraid they will prosecute her. I say they are more afraid of her than she realizes.


Asked on 2/25/98, 5:28 am

1 Answer from Attorneys
Larry Bruce Larry B. Bruce Attorney At Law

Your question is incredibly vague

What started out as a question really endedup mostly a "rant". Where a CI lies, s/he ought to be prosecuted. After all, there is no"public policy" favoring protection of a lyingsnitch who, it seems, burns everyone.

If you hear of this happening, be sure to email me. ..... I'll be looking forward to thesight of all the snowball fights in HELL!

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Answered on 4/07/98, 4:11 am


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