A confidential informants work for the government, often secretly, to gather and provide information or to testify, sometimes in exchange for cash or leniency in punishment for their own crimes. Courts have clearly recognized that confidential police informers play a vital role in law enforcement. The near absolute privilege attached to the identity of these individuals is premised upon the duty of all citizens to aid in enforcing the law and is meant to protect these individuals against retribution from those involved in crime.
This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.
The California Agreement of Understanding with Confidential Informant is an important legal document used by law enforcement agencies in the state of California. Also referred to as a "Cooperation Agreement," it outlines the terms and conditions of cooperation between a law enforcement agency and a confidential informant (CI) during an investigation or prosecution. This agreement establishes the rules and responsibilities that both parties must adhere to, ensuring that the collaboration remains within legal boundaries and is conducted ethically. The California Agreement of Understanding with Confidential Informant typically consists of the following key elements: 1. Identification of Parties: The agreement begins by identifying the law enforcement agency involved and the confidential informant. The CI's personal information may be omitted or redacted to protect their identity. 2. Purpose and Scope: This section explains the purpose of the agreement, which is usually to obtain vital information or evidence related to criminal activity. It defines the scope of the cooperation and the specific tasks the informant is expected to perform. 3. Confidentiality: The agreement emphasizes the importance of maintaining confidentiality throughout the cooperation. It highlights that the informant's identity and any sensitive information shared during the collaboration must be kept strictly confidential to ensure the informant's safety and the integrity of the investigation. 4. Immunity: Depending on the circumstances, the agreement may include provisions related to immunity or reduced charges for the informant. This encourages their cooperation by providing certain protections against legal consequences arising from their involvement in the criminal activities under investigation. 5. Compensation and Expenses: This section outlines any financial arrangements related to the informant's cooperation. It may include details on payments, reimbursements for expenses incurred during the operation, or any other agreed-upon compensation. 6. Termination: The agreement specifies the conditions under which either party can terminate the cooperation. This allows for a clear understanding of the circumstances that may lead to discontinuation of the relationship, such as non-compliance with the agreement's terms or a change in the investigative strategy. 7. Signatures and Witnesses: The agreement is typically signed by both the law enforcement agency representative and the informant, acknowledging their understanding and acceptance of the terms. Witness signatures may also be required to validate the agreement's authenticity. It is important to note that there may be different types of California Agreements of Understanding with Confidential Informants, tailored to meet specific investigative needs or jurisdictional requirements. These variations may include specific provisions for handling drug-related crimes, organized crime, terrorism, or white-collar offenses. Additionally, different law enforcement agencies within California may have their own versions of the agreement, but they generally follow the aforementioned elements.
