Confidential information: Difference between revisions

From California Criminal Law Wiki
Jump to navigation Jump to search
Line 42: Line 42:


People v. Callen (1987) 194 Cal.App.3d 558
People v. Callen (1987) 194 Cal.App.3d 558
===Appellate review===
People v. Barkins (1978) 81 Cal.App.3d 30


==Jail snitches==
==Jail snitches==

Revision as of 01:36, 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

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