Legal Question in Criminal Law in California

Dismissals due to dis-credible CI

Can you tell me if it is proper or a MUST to enter confidential informants criminal record into the affidavit for probable cause? Can this make him dis-credible or not? I have got about 7 different answers and I am so confused. Thank You, C. Chase


Asked on 12/12/01, 11:30 pm

1 Answer from Attorneys

Joseph Low IV Joseph Hawkins Low IV & Associates

Re: Dismissals due to dis-credible CI

The answer to your question is NO.

The information regarding the informant prior record is not a subject of the

information for a warrant. The information that comes from an informant for

the purposes of a warrant need only be corroborated by other evidence.

You must understand that the reason that you are getting so many different

answers is due to the fact that you are dealing in a gray area. This means

that the answer depends on who is answering it. It, like most of the law, is

not black and white. If it were, you would not need attorneys. It is a

muddy gray area that is extremely subjective and this particular area is one

of the worst. I strongly suggest contacting a civil rights attorney to help

you with the analysis.

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Answered on 12/13/01, 2:48 pm


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