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
1 Answer from Attorneys
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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