Confidential information: Difference between revisions
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People v. Barkins (1978) 81 Cal.App.3d 30 | People v. Barkins (1978) 81 Cal.App.3d 30 | ||
===Types of informants=== | |||
Citizen informants | |||
People v. Ramey (1976) 16 Cal.3d 263 | |||
People v. Hill (1974) 12 Cal.3d 731, 761 | |||
People v. Kurland (1980) 28 Cal.3d 376 | |||
People v. Lombera (1989) 210 Cal.App.3d 29 - citizen informant need not be disclosed. | |||
People v. Schulle (1975) 51 Cal.App.3d 809 - citizen informant with record is still citizen informant. Motivated by good citizenship. | |||
Untested informant | |||
Confidential reliable informant | |||
Police officers are reliable - Hill | |||
Victims or witnesses of crimes are reliable - Ramey | |||
Humphrey v. Appellate Division (2002) 29 Cal.4th 569 | |||
Skelton v. Superior Court (1969) 1 Cal.3d 144 - procedure for making a CI reliable | |||
==Jail snitches== | ==Jail snitches== | ||
Revision as of 01:40, 10 July 2023
Evidence Code sections 1040 to 1042
Protects confidential information as well informants.
In re David W. (1976) 62 Cal.App.3d 840, allowed location of VIN information to be kept confidential.
People v. Otte (1989) 214 Cal.App.3d 1522, clarified what "furnished in confidence" means.
Confidential informants
People v. Johnson (1970) 13 Cal.App.3d 742 - DA is holder of privilege not to disclose the informatn's identity. Communications are not privileged except if communications would assist in identifying the informant.
1042 in camera hearing
People v. Alderrou (1987) 191 Cal.App.3d 1074 - defense failed to establish need for in camera holding becaues it would not exonerate the defendant
People v. Fried (1989) 214 Cal.App.3d 1309
PC701.5 - minor informants. <12-yo prohibited. 12<x<18 only allowed with court order.
Chapter 1.3 of CDAA Search Warrants book.
Roviaro v. United States (1957) 353 U.S. 53 - disclosure required
Honore v. Superior Court of Alameda County (1969) 70 Cal.2d 162 - disclosure required
People v. Garcia (1967) 67 Cal.2d 830 - disclosure required
In re Tracy J. (1979) 94 Cal.App.3d 472
People v. McCoy (1970) 13 Cal.App.3d 6 - disclosure not required.
People v. Hardeman (1982) 137 Cal.App.3d 823 - disclosure not required when CI is not present when search warrant is served
People v. Oppel (1990) 222 Cal.App.3d 1146 - Affidavit of attorney based on informatn and belief is not evidence.
Eleazer v. Superior Court (1970) 1 Cal.3d 847 - LE's duty towards informant.
People v. Holiday (1973) 8 Cal.3d 771
People v. Callen (1987) 194 Cal.App.3d 558
Appellate review
People v. Barkins (1978) 81 Cal.App.3d 30
Types of informants
Citizen informants
People v. Ramey (1976) 16 Cal.3d 263
People v. Hill (1974) 12 Cal.3d 731, 761
People v. Kurland (1980) 28 Cal.3d 376
People v. Lombera (1989) 210 Cal.App.3d 29 - citizen informant need not be disclosed.
People v. Schulle (1975) 51 Cal.App.3d 809 - citizen informant with record is still citizen informant. Motivated by good citizenship.
Untested informant
Confidential reliable informant
Police officers are reliable - Hill
Victims or witnesses of crimes are reliable - Ramey
Humphrey v. Appellate Division (2002) 29 Cal.4th 569
Skelton v. Superior Court (1969) 1 Cal.3d 144 - procedure for making a CI reliable
Jail snitches
PC1127a
PC1111.5
PC1191.25
PC4001.1
People v. Huggins (2015) 235 Cal.App.4th 715
People v. Williams (1997) 16 Cal.4th 153