Legal Question in Criminal Law in California

Confidential Informants & Controlled Buy

What are the procedures the police must follow during a "Controlled Buy". If they search the C.I. before and after (body) then follow in their car, shouldn't C.I.'s car also be searched, (loophole?), and if they lose sight of C.I. when C.I. enter apartment complex (small. apt. is visable from street) never saw C.I. go to apt. door or anything, and they say they continually watch C.I. go to apt. EXCEPT when C.I. enter courtyard area of complex. Then after reasonable period of time C.I. came out and met with detective away from apt. later. Now this is the only thing they have for probable cause is this supposed "Controlled Buy" which to me wasn't controlled at all, and they even say so in the affidavit. Another Loophole, they had no survalience, no marked money, never had even seen the person until the warrant was served. Can't one run with this in filing a 1538? and attach the probable cause?


Asked on 1/30/98, 3:13 pm

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

Police Integrity in Controlled Buy

The answer to the immediate question you ask is"yes". But it does not necessarily create anopportunity to "run" in the motion to suppress.Of course, the lack of procedural safeguards canbe argued but remember that in California, we havehad sixteen years of republian appointmentsto the judicial system. There are not many Brownappointees left. The last thing I saw suppressedin court was a sneeze. A judge who is prosecutionoriented (ie. ALL of them) can just contrue thefacts against you.As I say, it is fodder and you never know whenthe case will tip your way. Just don't get yourhopes up.Larry

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Answered on 2/02/98, 3:14 am


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