Confidential Informants: Protecting Their Identity Once an informant is known, the drug traffickers are quick to retaliate. Law-enforcement officers received a tip from a confidential, reliable informant (CRI) stating that a man named “O” would be arriving at a particular address in Apple Valley with crack cocaine. Robert D. Miller, Minneapolis, MN, for respondent. Asked on 1/20/10, 1:54 pm. hތW�r��}�W�#����}�dK�ڵ�R6]�-;#`(b $K��d?8�g Eɩ��BA螾�ӧ移/���Ż���J���z!� ��}��/�i�]��������"2%�L�@$n� e�z�|�u�̂B��DYV���8�������=����;��>���n醈��~�O�����P䴔�̓l:^�S���������L��IN9p,�1�����I�3��|FQ$�Ih�D̶��7d)�, Altman, 15 N.C. App. The court of appeals reversed, holding that the State's common law privilege did not protect non-identifying information. An informant (also called an informer) is a person who provides privileged information about a person or organization to an agency. A18-1923, Court of Appeals Unpublished, December 2, 2019. Defendant was charged with drug possession and sale crimes. The Role of the Confidential Informant in a Controlled Drug Buy The informant plays a valuable role in a successful Minnesota drug bust. If a "confidential informant" or "confidential reliable informant" is referred to in the attached materials, without full identification, then not later than five days before the probable cause and pre-trial hearing (in Hennepin County) or omnibus hearing (in all other counties) either the informant will be identified or a Prosecutor's Certificate Confidential Informant Database - List of Police Informants. P. 9.01. The second class of informants is the known informant from the criminal world who has provided previous reliable tips. These are people who have families and friends that care about them," Denise Klaus said Friday morning before the Minnesota House of Representatives Public Safety and Criminal Justice Reform Finance and Policy committee. %PDF-1.5 This type of informant is presumed by the courts to be reliable. The person may or may not be reliable for the purposes of using the information in court. Maury Beaulier612.240.8005 Minnesota Lawyers. Dexter moved to suppress evidence found in the search on the theory that the informant may have been a police agent who unconstitutionally gathered the information Because we conclude that the district court erred by failing to suppress evidence obtained as a result of an invalid search warrant, we address only that issue and reverse and remand for further proceedings. 257 (1972) (“The affiant stated that the confidential informant, ‘has proven reliable and credible in the past.’ We are of the opinion that the circumstances set forth in support of the informant’s reliability are the irreducible minimum on which a warrant may be sustained. <>stream Please go to the Help Topics Homepage to learn more about what forms you may need and find other resources related to many of the topics listed below. Ward, 580 N.W.2d 67, 71 (Minn.App.1998) (information provided by informant can support finding of probable cause if informant is first-time citizen informant whose credibility is presumed or informant whose information has previously proved reliable). Informants are classified as either an active informant or a passive informant. The term is usually used within the law enforcement world, where they are officially known as confidential human source (CHS), or criminal informants (CI).It can also refer pejoratively to someone who supplies information without the consent of the involved parties. Defendant filed discovery and suppression motions seeking information about a confidential reliable informant, on whose observations the State relied to obtain a warrant to search Defendant's home. *New* Use Minnesota Guide & File to create forms in certain case types. For assistance, please visit the Americans with Disabilities Act Accommodation page. The district court denied the motions, concluding that Defendant was not entitled to discover the informant's identity or any other information about the informant. The Supreme Court affirmed the decision of the court of appeals reversing the district court's denial of Defendant's request for non-identifying information about a confidential reliable informant's relationship with police and the informant's information-gathering activities, holding that the State's common law privilege to withhold the identity of an informant does not protect non-identifying information. U.S. Department of Justice guidelines regarding the use of confidential informants in criminal investigations and prosecutions. Appellant Donald Eugene DeGroat Jr. challenges his conviction of first-degree controlled-substance possession, arguing (1) that the district court erred by not suppressing evidence obtained as a result of an invalid search warrant, (2) that he was denied his right to a speedy trial, (3) the evidence introduced at trial was insufficient to support his conviction, and (4) the district court erred by admitting certain testimony at trial. Drug-task-force agents observed a man who matched that description get into the described vehicle and head west. when a confidential informant is high and getting high on audio is their testimony held up in court or are they a reliable informant? Active Informant: endobj <> Confidential informants ("CIs") often provide law enforcement and prosecutors with valuable evidence that can lead to arrests and even convictions of criminal suspects. ‘What makes a confidential informant credible/’ may seem like an easy question to answer but it is not. DeGroat also raises additional arguments in a pro se supplemental brief. confidential reliable informant. "�z��M�ڑn�V5��t��F��~d^�F����. <>stream Second, we have to realise who is making the judgement about credibility. 2 0 obj First, we need to understand what credible actually means in legal terms. Subscribe to Justia's Free Summaries Therefore, we cannot simply presume that the informants' information is credible. Contacting Justia or any attorney through this site, via web form, email, or otherwise, does not create an attorney-client relationship. The warrant application included no detail indicating how the informant came to observe the inside of the home. Court Forms do not yet adhere to accessibility standards. The informant could be a first time citizen informant with no criminal history performing his civic duty. A confidential informant is simply a person working for the police to provide information, perform undercover "buys", and otherwise implicate others in crimes (typically to reduce the penalty for an offense the CI is facing). Court documents state that an Austin narcotics detective and investigator with the Southeast Minnesota Drug Task Force met with a confidential reliable informant (CRI) … After all, the average CI is a A confidential informant's identity may be disclosed if pressed. However, this rule has many exceptions; if a criminal defendant can show the importance of the CI’s identity to the case, it may be possible to find out who’s been talking to the cops. 1 Answer from Attorneys. endobj Defendant was convicted of fifth-degree sale of a controlled substance. Confidential Informant Law and Legal Definition A confidential informant is a person who provides information about criminal activity to law enforcement officers. Bill to protect confidential informants moves forward in Minnesota Legislature The bill, called Matthew's Law, is named for Matthew Klaus, who … This informant has established a relationship with the authorities, both as a criminal and as a past informant with accurate information and a willingness to cooperate. • All police agencies must annually certify their confidential informant policies with the Minnesota POST Board, which licenses officers. "I want anyone acting as an informant to be treated with the respect that any employee would be given. However, very few CIs have a clean criminal record, and many of them are "flipped" by law enforcement to avoid harsher punishment for their own crimes. 3 0 obj DeGroat also raises additional arguments in a pro se supplemental brief. endstream The Supreme Court affirmed the decision of the court of appeals reversing the district court's denial of Defendant's request for non-identifying information about a confidential reliable informant's relationship with police and the informant's information-gathering activities, holding that the State's common law privilege to withhold the identity of an informant does not protect non-identifying information. He said the drug investigation closed because Matthew Klaus, a “confidential and reliable” informant in the investigation, died of a heroin overdose on March 30th. 4 0 obj endobj from a “confidential reliable informant” that contraband was inside. Because we conclude that the district court erred by failing to suppress evidence obtained as a result of an invalid search warrant, we address only that issue and reverse and remand for further proceedings. Justia makes no guarantees or warranties that the annotations are accurate or reflect the current state of law, and no annotation is intended to be, nor should it be construed as, legal advice. An informant deal may not only be an opportunity to reduce your charges but … Becoming a confidential informant to reduce drug charges can have legal and personal consequences. The confidential informant described the vehicle Mueller would be driving and described Mueller as a white male in his mid-thirties wearing a leg brace. The Supreme Court affirmed, holding that the court of appeals (1) properly concluded that the State's common law privilege does not apply to non-identifying information; and (2) did not err in concluding that the non-identifying information Defendant requested related to the case, as required by Minn. R. Crim. A18-1923, Court of Appeals Unpublished, December 2, 2019. 1 0 obj The general rule is that the prosecution doesn’t have to disclose the identity of a confidential informant. Appellant Donald Eugene DeGroat Jr. challenges his conviction of first-degree controlled-substance possession, arguing (1) that the district court erred by not suppressing evidence obtained as a result of an invalid search warrant, (2) that he was denied his right to a speedy trial, (3) the evidence introduced at trial was insufficient to support his conviction, and (4) the district court erred by admitting certain testimony at trial. of Minnesota Supreme Court opinions. Disclaimer: Justia Annotations is a forum for attorneys to summarize, comment on, and analyze case law published on our site. The defendant must prove why it is necessary and the courts look to a number of factors. The deal may require introducing undercover officers to other dealers or having to testify at trial. (651) 330-9678 Facebook Linked In YouTube Our confidential informant database contains a long list of police informants known to provide information to law enforcement and other government agencies about their associates. OPINION. A confidential informant provides information about criminal activity on an on-going basis, which can lead to police action such as an arrest, seizure of property, or a follow-up investigation. After receiving the Wadena County warrant, law enforcement searched the vehicle and found a large amount of methamphetamine concealed in an opaque bag located in the rear cargo area. Controlling investigator – an OSI investigator who initiates an agreement with an individual to become a confidential reliable informant (CRI)/confidential informant (CI) and is responsible for the control and documentation of the CRI’s/CI’s activities. But the applicant did not include any information about the controlled purchase, such as when or where it occurred. State of Minnesota, Respondent, vs. Donald Eugene Degroat, Jr., Appellant. %���� Dead men tell no tales.1 tilizing confidential informants to obtain incriminating information has been described as “dirty business.”2 And it certainly is. The Supreme Court affirmed the court of appeals' decision reversing the district court's denial of Defendant's request for non-identifying information about a confidential informant's relationship with police and the informant's information-gathering activities, holding that the State's common law privilege to withhold the identity of an informant does not protect non-identifying information. <> Using an informant is a risk that can be helpful or detrimental to a narcotics arrest, and its success is contingent upon confidential informant … ROCHESTER, Minn. - Minnesota lawmakers are considering ways to better protect confidential informants. Legislators are looking into companion bills in the state house and senate named after Matthew Klaus, a Rochester man who died of a drug overdose while working as a confidential informant for the Rochester Police Department in 2019. The identities of these individuals are privileged in order to protect these individuals against retribution from those involved in crime. A confidential informant used in a narcotics case is supposed to provide concrete and reliable evidence against someone conducting illegal activity with narcotics. State of Minnesota, Respondent, vs. Donald Eugene Degroat, Jr., Appellant. Informant: Informant is defined as a person who is working with or providing information to a member of this department, with or without expectations of compensation, who furnishes information on criminal activities or individual criminals. An Austin man who sold a total of 1.47 grams of heroin to a Confidential Reliable Informant, or CRI on two different occasions in Austin in June of 2019 has been sentenced to supervised probation in Mower County District Court.