Wayne Michigan Motion to Disclose Confidential Informants - Release

State:
Multi-State
County:
Wayne
Control #:
US-02221BG
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Description

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 Wayne, Michigan Motion to Disclose Confidential Informants — Release is a legal document filed by either the prosecution or defense requesting the disclosure of the confidential informants' identity and related information in a criminal case. This motion aims to unveil the identity of individuals who have provided law enforcement agencies with confidential information in the course of an investigation. The Motion to Disclose Confidential Informants — Release in Wayne, Michigan is an essential tool used during criminal proceedings to ensure the preservation of the accused's rights to a fair trial and access to evidence. By revealing the identity of the confidential informants, the defense or prosecution can shed light on potential biases, motives, or credibility issues that may impact the case's outcome. The Wayne, Michigan Motion to Disclose Confidential Informants — Release can be classified into different types, depending on the context, purpose, and stage of the criminal proceedings. Some common variations include: 1. Pre-Trial Motion to Disclose: This motion is typically filed by the defense before the trial begins to request the disclosure of confidential informants' identity and any related evidence. This helps the defense build a stronger case, assess the informant's credibility, uncover potential biases, and determine if they have a history of providing false or unreliable information. 2. Post-Conviction Motion to Disclose: This motion is filed after a conviction has been obtained to request the disclosure of confidential informants' identity and related information that may have been withheld during the trial. It aims to uncover any potential errors or omissions in the original proceedings and provide an opportunity for the convicted individual to present new evidence or challenge the integrity of the investigation. 3. Conditional Motion to Disclose: In certain cases, the disclosure of confidential informants' identity may be subject to certain conditions or restrictions. This type of motion seeks to establish the terms under which the information will be provided, such as limiting access to the defense team, imposing protective orders, or redacting sensitive details to preserve informant safety. 4. Motion to Suppress Informants' Testimony: In some instances, the defense may file a motion challenging the use of a confidential informant's testimony on grounds of reliability, credibility, or constitutional violations. This motion aims to exclude the informant's testimonial evidence from being used against the accused during trial. It is important to note that the specific procedures and rules surrounding the Wayne, Michigan Motion to Disclose Confidential Informants — Release may vary depending on the jurisdiction, local court rules, and individual case circumstances. Therefore, it is crucial for defense attorneys, prosecutors, and individuals involved in the criminal justice system to consult applicable statutes, precedents, and legal experts to ensure accurate and up-to-date information is utilized during proceedings.

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FAQ

Entrapment Only Applies to Law Enforcement or Their Agents The police may be using a paid informant or someone who had charges reduced or dismissed on their own drug case. Entrapment does not apply to ordinary citizens who are not acting officially as agents of law enforcement.

If police reveal the identity of an informant, they may not get any more information from that person, and others may be afraid to serve as informants. Given the importance of CIs, courts have granted them privilege, which means that they don't have to be disclosed in the same way as other witnesses.

Are confidential informants protected? Confidential Informants can never be 100% protected by the Government or anyone else. Being a CI is a very dangerous, risky endeavor. Anyone considering being a CI should first talk to a criminal defense attorney.

THREE TYPES OF POLICE INFORMANTS INCLUDE CRIMINALS, CITIZENS, AND POLICE OFFICERS. THE CRIMINAL USUALLY INFORMS FOR SOME POLICE FAVOR, BUT CAN CREATE RELIABILITY PROBLEMS. USUALLY, CRIMINAL INFORMANTS MUST HAVE PROVIDED RELIABLE INFORMATION IN THE PAST OR INFORMATION IMPLICATING THEMSELVES.

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).

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

As an informant, you may be required to participate in a set number of drug buys or arrests before your charges are dropped or reduced. The arrangement between law enforcement and you, as the informant, gives you immunity from all criminal activities you may engage in during your service as an informant.

UNIFORM RULE OF EVIDENCE 36 provides: A witness has a privilege to refuse to disclose the identity of a person who has furnished information purporting to disclose a violation of a provision of the laws of this State or of the United States to a representative of the State or the United States or a government division

The police often rely on sources for information. 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.

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.

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Wayne Michigan Motion to Disclose Confidential Informants - Release