DISCLOSURE OF IDENTITY OF CONFIDENTIAL INFORMANT--WHEN DISCLOSURE HEARING MUST BE HELD

• NCJ Number: 147692
• Journal: Crime to Court, Police Officer's Handbook Dated: (February 1994) Pages: complete issue
• Author(s): J C Coleman
• Date Published: 1994
• Length: 18 pages
• Publication Format: Article
• Publication Type: Training (Handbook/Manual)
• Language: English
• Country: United States of America
• Note: Document accompanies monthly continuing education television program for law enforcement officers produced by the South Carolina Law Enforcement Training Council.

Annotation

The question of whether or not the identity of a confidential informant should be disclosed to the defense is discussed.

Abstract

This handbook summarizes United States v. Spires in which the Ninth Circuit Court of Appeals held that where a defendant makes a showing that identification of the government's confidential informant may be relevant and helpful to a possible defense at trial, a district court abuses its discretion if it fails to hold an in-camera hearing on disclosure. In the case in question, the court concluded that the judge's failure to provide the defendant with an in-camera hearing constituted an abuse of discretion. The case was remanded to the district court so that the in camera hearing could be conducted and the defendant could withdraw his guilty plea. This handbook provides a brief summary of significant cases addressing disclosure of an informant's identity, in camera hearings, and consent to search. In addition, on a matter unrelated to the main topic of the handbook, a very brief discussion of how officers can deal with juvenile runaways is provided.