Vermont Motion to Disclose Confidential Informants - Release

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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.

Vermont Motion to Disclose Confidential Informants — Release is a legal document that allows parties involved in a criminal case in Vermont to seek the disclosure of information regarding confidential informants. This motion aims to reveal the identity, background, and prior criminal history of these informants, which can play a crucial role in establishing the credibility of witnesses and ensuring a fair trial. Confidential informants play a significant role in many criminal investigations, often providing law enforcement authorities with valuable information about drug trafficking, organized crime, or other illegal activities. However, their identities are kept secret to protect them from retaliation and maintain the effectiveness of ongoing investigations. In some cases, the use of confidential informants can raise questions about the legitimacy and reliability of evidence presented by prosecutors. The Vermont Motion to Disclose Confidential Informants — Release can be filed by the defense team or the accused individual to request the disclosure of information related to the informant's identity, past criminal records, credibility, payment received, or any other information relevant to the case. This information can help the defense better analyze and challenge the evidence presented against the accused. Different types of Vermont Motions to Disclose Confidential Informants — Release may include: 1. Motion to Disclose Identity: This type of motion focuses on seeking the identity of the confidential informant. It argues that knowing the informant's identity is crucial for mounting an effective defense and cross-examining witnesses. 2. Motion to Disclose Background and Prior to Criminal History: This motion emphasizes the importance of understanding the confidential informant's background and past criminal activities. It aims to evaluate the informant's credibility, potential motives, and any potential biases that might exist. 3. Motion to Disclose Payment or Incentives: This type of motion requests the release of information regarding any monetary or non-monetary incentives provided to the informant in exchange for cooperation. Understanding the nature and extent of such incentives can help challenge the informant's credibility and potential bias in providing information. Overall, Vermont Motion to Disclose Confidential Informants — Release is a legal tool aimed at ensuring a fair trial for the accused. It provides an opportunity to scrutinize the use of confidential informants and assess their impact on the case. By requesting the disclosure of relevant information, the motion equips the defense with the necessary tools to challenge the evidence and protect the rights of the accused.

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The government-informant privilege protects from compelled disclosure the identity of informers who supply information about legal violations to the appropriate law enforcement personnel. The U.S. Supreme Court solidified this common law doctrine in Roviaro v. United States, 353 U.S. 53 (1957).

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.

§ 161.15 Confidentiality for informant. The name and address of the informant must be kept confidential. No files or information will be revealed which might aid in the unauthorized identification of an informant. Pursuant to 5 U.S.C.

Here are ten warning signs: Something feels ?off.? Something about them just doesn't line up. ... Despite the misgivings of some members, the individual quickly rises to a leadership position. ... S/he photographs actions, meetings, and people that should not be photographed. ... S/he is a liar.

If your criminal case involves a confidential informant who may be a material witness on your guilt or innocence, your criminal defense attorney should file a motion for disclosure of the CI, either as part of the pretrial process or during your trial.

The Confidential Informant Guidelines permit the FBI to authorize confidential informants to engage in activities that would otherwise constitute crimes under state or federal law if engaged in by someone without such authorization. Such conduct is termed "otherwise illegal activity" or "OIA."

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.

When an informer's identity must be disclosed, the prosecution must disclose the informant's name and "all pertinent information which might assist the defense to locate" the informer. Eleazer v Superior Court (1970) 1 C3d 847, 851.

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Fill out one form for each Confidential Informant statement. If more than one exists, each will be labeled CI1, CI2, CI3, etc. E. Attach the completed Hearing ... May 1, 2012 — Keep names and testimony of confidential informants (CI) in a separate folder and withheld from the inmate. (See Confidential Informant Form, ...If the court determines there is a reasonable probability that the informant can give the testimony, and the public entity elects not to disclose his identity, ... NOTICE: This opinion is subject to motions for reargument under V.R.A.P. 40 as well as formal revision before publication in the Vermont Reports. § 50-18-72(a)(3) exempts from disclosure law enforcement records that if revealed would be reasonably likely to disclose the identity of a confidential source, ... Apr 1, 2015 — This memorandum sets forth this office's overall discovery policy in criminal cases. The practices set forth herein do not cover every issue ... by JC Coleman — The question of whether or not the identity of a confidential informant should be disclosed to the defense is discussed. Abstract. This handbook summarizes ... Pragmatic changes requir- ing corroboration of the facts to which an informant testifies, pretrial disclosures, reliability hearings, and special jury ... State child protective services agencies are required to maintain records of the reports of suspected child abuse and neglect that they receive. On September 14, 2006, Shine filed a Motion to Disclose Informant seeking the identity of an informant known as “CI-2" whose cooperation with law ...

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Vermont Motion to Disclose Confidential Informants - Release