Guam Motion to Disclose Confidential Informants - Release

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US-02221BG
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One issue when dealing with confidential informants is whether or not the government must disclose the identity of the informant. The issue of whether or not the government must disclose the identity of the confidential informant sometimes turns on whether the informant is a "mere tipster" or an actually participant in the transaction.


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.

A Guam Motion to Disclose Confidential Informants — Release is a legal document filed in court requesting disclosure of confidential informants' identities in criminal cases. This motion seeks to uncover the identity of individuals who may have provided information to law enforcement agencies regarding a criminal investigation or prosecution. In Guam, like in other jurisdictions, there are various types of motions related to the disclosure of confidential informants. These include: 1. Standard Motion to Disclose Confidential Informants — Release: This is the most common type of motion filed in criminal cases, requesting the release of the identity and any supporting information regarding the confidential informants involved in the investigation. 2. Specificity Motion to Disclose Confidential Informants — Release: This motion emphasizes the need for specific information about the informants, including their identities, personal backgrounds, and any potential biases that may impact their credibility. It aims to ensure full transparency and a fair legal process. 3. Ex Parte Motion to Disclose Confidential Informants — Release: In certain exceptional circumstances, where the defense can demonstrate a genuine threat to the safety or constitutional rights of the accused, an ex parte motion can be filed. This motion requests the court to review and disclose confidential informant information without the prosecution's presence. 4. Limited Motion to Disclose Confidential Informants — Release: This type of motion focuses on obtaining limited information about the confidential informants, excluding their identities. It seeks only pertinent background details or specific actions they may have taken during the investigation. 5. Motion to Suppress Evidence Based on Confidential Informant Disclosure: Instead of solely seeking the disclosure of the informants' identities, this motion emphasizes the exclusion of evidence obtained as a result of the informant's actions. It contends that the informants' conduct violated the defendant's constitutional rights. When preparing a Guam Motion to Disclose Confidential Informants — Release, it is crucial to include relevant keywords such as confidential informants, disclosure, release, identity, motion, court, criminal case, law enforcement, investigation, prosecution, fairness, transparency, biases, specificity, ex parte, limited, suppression of evidence, constitutional rights, and defendant. Carefully crafting the motion using these keywords will ensure its relevance and effectiveness in seeking the necessary disclosure in a Guam criminal case involving confidential informants.

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Rule 508(c) establishes several exceptions to the privilege. No privilege exists if the informer discloses his identity to a person who would have cause to resent the communication. The privilege is also waived if the informer appears as a witness for the public entity.

An informant is generally someone who has contacted the criminal justice system because of a criminal lifestyle, but is granted immunity from appropriate criminal justice sanctions in return for giving the police information about persons in the criminal underworld or participating with undercover police in illicit ...

Defendant informants, who have materially assisted the Department in any criminal investigation, may be considered for an appropriate sentence recommendation or if deemed applicable, their charges may be dismissed and not presented to the District Attorney's Office.

If the confidential informant is disclosed and proceeds to testify at trial, the way to beat them would be to make them appear unreliable. You impeach them on the stand, which discredits the evidence, information, and testimony they give. Criminal defense attorneys have a host of tools to do this.

Sometimes, the prosecution will provide this. If the prosecution will not do this, defendant should file a discovery motion for disclosure of an informant's identity. This can be a powerful motion. Such a motion is grounded on the Sixth Amendment right to confront witnesses and due process to a fair trial.

Such impeachment information would include such information as: the informant's identity, criminal record, the benefits obtained or promised in connection with the case, and prior instances in any other jurisdiction where the informant lied, recanted, committed perjury, or otherwise provided false information.

ALTHOUGH CONFIDENTIALITY OF INFORMANTS HAS LONG BEEN AFFIRMED IN FEDERAL LAW, IT IS NOT ABSOLUTE. GOVERNMENT WITNESSES CAN BE COMPELLED TO DISCLOSE THEIR SOURCES IF THE DEFENSE REQUIRES.

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One issue when dealing with confidential informants is whether or not the government must disclose the identity of the informant. The issue of whether or ... (3) In the space to the right of the title of the action, the following shall appear: (A) the file number of the action or proceeding;. (B) a designation of the ...No return or return information shall be admitted into evidence under subparagraph (A)(i) or (B) if the Secretary determines and notifies the Attorney General ... Sep 13, 2006 — Rowland argues that drugs "imported into Guam" must arrive in Guam from a foreign country. Because his flight was a nonstop, domestic flight ... State child protective services agencies are required to maintain records of the reports of suspected child abuse and neglect that they receive. by CM SEVILLA — 3d 657 (9th Cir. 2005)(in the state murder trial, the trial judge held an in camera hearing on a defense motion to disclose the confidential informant. Confidential Informants. The decision whether to disclose the identity of a confidential informant is reviewed for an abuse of discretion. See United States ... An implied promise exists in favor of any person described on the file as a confidential informant ... range for supervised release found in the postsentence ... ... of the testimony of accomplices and government informants underscores the need for complete disclosure of information relating to their credibility. by ROF PERSONS — A knowing and intelligent waiver need not be predicated on complete disclosure by police of the intended line of ques- tioning, hence an accused's signed ...

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Guam Motion to Disclose Confidential Informants - Release