Case Law on Non-Disclosure of Informant Identity in Drug Sales

Question from 222342, Case Law on Non-Disclosure of Informant Identity in Drug Sales

Answer from AI:

In the United States, the identity of informants in drug sales cases can be a contentious issue. Courts often balance the defendant’s right to a fair trial with the government’s interest in protecting the identity of informants. Here are some key points and case law relevant to this topic:

Key Legal Principles

• Roviaro v. United States (1957): This landmark case established that the government has a privilege to withhold the identity of informants to protect their safety and the public interest. However, this privilege is not absolute. The court must balance the public interest in protecting the flow of information against the individual’s right to prepare their defense.
• Balancing Test: Courts use a balancing test to determine whether the informant’s identity should be disclosed. Factors include the relevance of the informant’s testimony, the potential danger to the informant, and the defendant’s need for the information to ensure a fair trial.

Relevant Case Law

1. Roviaro v. United States, 353 U.S. 53 (1957): The Supreme Court held that the informant’s identity must be disclosed if it is “relevant and helpful to the defense of an accused, or is essential to a fair determination of a cause.” The court emphasized the need for a case-by-case analysis.
2. McCray v. Illinois, 386 U.S. 300 (1967): The Supreme Court ruled that the identity of an informant need not be disclosed if the informant’s information was used only to establish probable cause for a search warrant, rather than as evidence at trial.
3. United States v. Valenzuela-Bernal, 458 U.S. 858 (1982): The court held that the defendant must show that the informant’s testimony would be material and favorable to their defense to compel disclosure.
4. United States v. Saa, 859 F.2d 1067 (2d Cir. 1988): The Second Circuit held that the informant’s identity need not be disclosed if the informant was not a participant in or a witness to the crime charged.

When Legal Advice is Necessary

If you are involved in a case where the identity of an informant is an issue, it is crucial to consult with a legal professional. An attorney can help you understand how the balancing test might apply to your specific situation and can advocate for your rights in court.

Steps to Take

1. Consult an Attorney: Seek legal advice to understand your rights and the likelihood of obtaining the informant’s identity.
2. File a Motion: Your attorney can file a motion to compel the disclosure of the informant’s identity, arguing why it is essential for your defense.
3. Prepare for a Hearing: Be prepared for a court hearing where the judge will apply the balancing test to decide whether to disclose the informant’s identity.

Additional Resources

For more information, you can refer to the following resources:

• Roviaro v. United States
• McCray v. Illinois

Remember, this information is intended to provide a general understanding of the legal principles involved. For personalized legal advice, always consult with a qualified attorney.