Confidential information: Difference between revisions
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In re David W. (1976) 62 Cal.App.3d 840, allowed location of VIN information to be kept confidential. | 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== | ==Confidential informants== | ||
PC701.5 - minor informants. <12-yo prohibited. 12<x<18 only allowed with court order. | 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 II, section 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 | |||
People v. Mayer (1986) 188 Cal.App.3d 1101 | |||
People v. Murphy (1974) 42 Cal.App.3d 81 | |||
People v. French (2011) 201 Cal.App.4th 1307 - informant found not reliable, but good faith exception | |||
Criminal history | |||
People v. Kurland (1980) 28 Cal.3d 376 | |||
People v. Webb (1993) 6 Cval.4th 494 | |||
People v. Aho (1985) 166 Cal.App.3d 984 | |||
People v. Cobb (1983) 146 Cal.App.3d 290 - omissions from an affidavit of negative background information about an informant as well as informant's motivation for assisting the police are material facts and failing to include them in a search warrant affidavit will lead to search warrant being quashed. | |||
===Defense counsel=== | |||
Boulas v. Superior Court (1986) 188 Cal.App.3d 422 | |||
People v. Hayes (1988) 200 Cal.App.3d 400 | |||
==Surveillance locations== | |||
Hines v. Superior Court (1988) 203 Cal.App.3d 1231 | |||
People v. Montgomery (1988) 205 Cal.App.3d 1011 | |||
People v. Walker (1991) 230 Cal.App.3d 230 | |||
In re Sergio M. (1993) 13 Cal.App.4th 809 | |||
People v. Haider (1995) 34 Cal.App.4th 661 | |||
People v. Garza (1995) 32 Cal.App.4th 148 | |||
People v. Lewis (2009) 172 Cal.App.4th 1426 | |||
==Jail snitches== | ==Jail snitches== | ||
| Line 19: | Line 121: | ||
PC4001.1 | PC4001.1 | ||
People v. Huggins (2015) 235 Cal.App.4th 715 | |||
People v. Williams (1997) 16 Cal.4th 153 | |||
Latest revision as of 01:50, 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 II, section 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
People v. Mayer (1986) 188 Cal.App.3d 1101
People v. Murphy (1974) 42 Cal.App.3d 81
People v. French (2011) 201 Cal.App.4th 1307 - informant found not reliable, but good faith exception
Criminal history
People v. Kurland (1980) 28 Cal.3d 376 People v. Webb (1993) 6 Cval.4th 494
People v. Aho (1985) 166 Cal.App.3d 984
People v. Cobb (1983) 146 Cal.App.3d 290 - omissions from an affidavit of negative background information about an informant as well as informant's motivation for assisting the police are material facts and failing to include them in a search warrant affidavit will lead to search warrant being quashed.
Defense counsel
Boulas v. Superior Court (1986) 188 Cal.App.3d 422
People v. Hayes (1988) 200 Cal.App.3d 400
Surveillance locations
Hines v. Superior Court (1988) 203 Cal.App.3d 1231
People v. Montgomery (1988) 205 Cal.App.3d 1011
People v. Walker (1991) 230 Cal.App.3d 230
In re Sergio M. (1993) 13 Cal.App.4th 809
People v. Haider (1995) 34 Cal.App.4th 661
People v. Garza (1995) 32 Cal.App.4th 148
People v. Lewis (2009) 172 Cal.App.4th 1426
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