Legal Question in Criminal Law in California

Informants

When a home is raided and done so purely on the "word" of an "informant", whom admitedly the arresting statement claims is unknowing of this "informants" background re: prior arrests, credibility, etc. Also that this informant was not offered payment by way of money nor restitution in any actions against him/her. Yet requests that the identity be remain sealed to protect the source for further use of this individual in other/further criminal investigations.

My question is not.... do they HAVE to expose the identity. But, how can this "informant" be shown to be a credible source of information if none of the information ON this individual is "obtainable" and sealed? The claim is a non-credable accusation according to the accused. How can you protect yourself from falling to false claims, enforcement agency or not when THEY admitedly haven't checked their own source!?

If clarification is needed feel free to ask.


Asked on 1/19/00, 9:31 am

1 Answer from Attorneys
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: Informants

You will have to file a motion for disclosure of the informants information. The judge will review the information about the informant. If the judge determines that there is information that would be useful in attacking the search warrant it will be released. Usually it is given only to the attorney and not the defendant.

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Answered on 1/24/00, 10:44 pm


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