Kansas Police Department Confidential Informant Declaration of Understanding and Agreement

State:
Multi-State
Control #:
US-02215BG
Format:
Word; 
Rich Text
Instant download

Description

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.

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FAQ

Federal (and many state) courts recognize two types of spousal privilege: Spousal testimonial privilege, barring testimony against a spouse in a criminal trial, and. Marital communications privilege, barring testimony about confidential communications between spouses.

The marital /spousal privilege in California is the evidence rule that (1) you have the right not to testify against your husband or wife in a criminal jury trial when he or she are charged with a crime, and (2) you have the right not to disclose any confidential communications between you and your spouse.

Yes, a spouse can be compelled to testify against another spouse if an exception to testimonial spousal privilege in criminal case applies. Similarly, a witness spouse can choose to testify against the defendant spouse, as the witness spouse is able to break testimonial spousal privilege.

Also known as the marital privilege, it protects communications privately disclosed between a husband and wife. Either spouse may invoke the privilege and prevent the other from testifying about their private marital communications in a civil or criminal matter.

Spousal privilege is a law existing in the Commonwealth of Pennsylvania mandating that any communications made during a marital relationship between two individuals is confidential information and therefore prevents a husband or wife from testifying in a court of law against their spouse.

Uses the term Confidential Informant, while the DEA uses the term Confidential Source. Both terms refer to any individual who provides useful and credible information to a Department of Justice (DOJ) law enforcement agent regarding criminal activities, and from whom the DOJ law enforcement agent expects or intends

Uncovering the Identity a Confidential InformantAfter a defendant has made a motion to reveal the identity of a CI, the court will evaluate the circumstances and evidence in the case, and then make a call about how important knowing the identity of the informant is to the defendant's defense.

Sources of information may be anonymous callers, police officers, citizen informants and others. Citizen informants generally provide information as a result of their belief in good citizenship, or because they're either witnesses to or victims of crime.

A source can be someone in the community who happens to know about criminal activity in the area. Informants differ from sources because they have been proven reliable and their information can be verified.

INFORMANTS MUST GIVE THEIR CORRECT NAMES AND ADDRESSES AT TRIAL TO ESTABLISH CREDIBILITY ONLY IF THEIR TESTIMONY DIFFERS FROM THE DEFENDANT'S AND THE DEFENSE WISHES TO IMPEACH. WITNESSES NEED NOT BE DISCLOSED AT TRIAL IF IT CAN BE SHOWN THAT THEIR HARM WILL ENSUE.

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Kansas Police Department Confidential Informant Declaration of Understanding and Agreement