When the DA goes 2 a judge and invokes an informer privilege under EC1041, is he doing this PERSONALLY based on a submitted police report, OR is the peace officer doing this via oral testimony in behalf of the informer who wish 2 remain anonymous? IF it is done via AFFIDAVIT by the peace officer, is this affidavit supposed 2 b incorporated by reference in his PROBABLE CAUSE DETERMINATION (DECLARATION)? IN EITHER CASE, when the judge allows the privilege, is this an "adjudication" and is this a means of taking evidence?
THANK U ANYONE
This can be handled in a number of different ways. Typically there is an affidavit or a statement by the officer under penalty of perjury. It does not have to be included in his Probable Cause declaration. Your lawyer can do a motion to disclose the identity of the informant - hard to win but certainly worth a try.
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