Are confidential informants exonerated from the rules of the constitution

Asked over 2 years ago - Butte, MT

OK due process right to face my accuser? the ci gets caught sets up a buy 3 taped calls and a traffic stop to verify identity but now there's no ci the ci supposedly called my phone no answer then the detectives phone gets an incoming call the ci claims is me and so on and so on but now the ci is gone and everyone is saying they don't need the ci but he should have to be there right? Or wrong? Im just trying to get a good deal

Attorney answers (5)

  1. Mark Alan Mackin

    Contributor Level 14

    1

    Best Answer
    chosen by asker

    Answered . You may have given enough information on the AVVO site to identify you and your statements can be used against you. This is serious and you are talking about it in public - there is no attorney client privilege or attorney client relationship created on this site.
    Stop trying to get legal advice on the cheap or obsessing in public about your case, or whatever it is you are doing. Get with a lawyer, private or public defender, and deal with your issues immediately and under privilege.

    DISCLAIMER: The forgoing comment is for general educational purposes only, and is not legal advice upon which the... more
  2. Martin W. Judnich

    Pro

    Contributor Level 15

    2

    Lawyers agree

    Answered . Prosecutors usually do not release the identity of the CI until shortly before trial. You should have the right to confront your accuser, but videotapes and audio tapes are an interesting wrinkle in the law right now. Your defense attorney should be discussing this issue and what the judge is likely to do in a trial situation with you, and potential plea offers.

  3. Timothy K. Wenz

    Contributor Level 4

    Answered . Yes, you generally have a right to face your accuser. As stated before, the State generally doesn't release the name of the CI until shortly before trial to protect their identity/safety. You and your attorney (which you should hire ASAP) would be able to question them to determine their truthfulness. Audio tapes are a tricky thing however. If the officer can testify that they are a "true and accurate representation" of what the conversation stated, then they would be allowed to be entered into evidence. I would advise you to call an attorney in your area.

  4. Robert David Richman

    Contributor Level 17

    1

    Lawyer agrees

    Answered . CI only has to be called if he has info unknown to others. The detective cannot say "CI said it was you on phone," but he can say, "I recognize D's voice from making the arrest, and it was him on the phone." If they then find you with drugs, it doesn't really matter where they came from.

    This answer is provided for educational purposes only and is not intended as the practice of law in any... more
  5. James S. Lawrence

    Contributor Level 15

    1

    Lawyer agrees

    Answered . You have the constitutional right to confront the witnesses against you. If the prosecutor presents the informant as a witness your attorney can cross-examine him.

    If the prosecutor does not call him as a witness, you can try to call him if you think it will help. In either case, neither side can call a witness that they cannot find. If the informant set up a buy, and you showed up to sell drugs to an an undercover officer, you could be arrested and prosecuted based on the testimony of the person who got the drugs from you, whether the informant could be found or not.

    If the out of court statements of the informant were needed by the prosecutor for some important purpose, such as showing the identity of the perpetrator, then you might have a great defense arising out of the absence of the witness. If they can identify you with other testimony, then the absence of the witness would not mean much. Consult with your local attorney about this. Good luck.

    Contact me at 248-399-6930 for a free consultation. You and I do not have an attorney-client relationship formed... more

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