Legal Question in Criminal Law in Kentucky
In Ky,when a confidential informant comes into a residednt wearing a body wire for the purpose of purshasing drugs, what must be said buy both parties to make a case strong or be concidered a a "good buy"?
1 Answer from Attorneys
With a CI, nothing even needs to be said. A cash/drug exchange is good enough. The police pat down the CI, give the CI the money, observe the CI enter the premises, and the CI comes out with drugs and another pat down is done. If the CI is wearing a wire, it is just another way of obtaining probable cause for a warrant. I can't think of a situation where the prosecution would use a drug buy recording by a CI in court as evidence, since that would burn the CI.
Now, if the individual making the buy is not going to be protected as a CI, and the recording used as evidence in court, then I would think it should reflect some sort of exchange between the defendant and the buyer. However, it could still be a very vague exchange. Like:
Buyer: How much?
Defendant: Fifty.
Even throw some drug slang/lingo in there to obfuscate the meaning, and it doesn't matter; testimony can be introduced to explain the meaning of the phrases/slang.
Anyway, if you're asking because the police obtained a search warrant after an exchange between a CI and the defendant that was recorded, regardless what the recording said, it's unlikely the defendant will get the search warrant thrown out on the basis of the recording alone, so long as there was other information included in the affidavit to support the basis of probable cause.
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