QUESTION
My brother was arrested and we believe the cops were tipped off by an informant, can we find out if that's true?
Asked on Jul 13th, 2013 on Criminal Law - Michigan
10 ANSWERS
Michael J. Breczinski
The attorney for your brother can find this out.
Answered on Jul 16th, 2013 at 9:05 PM
Geoffrey MacLaren Yaryan
Probably not, at least not from the police.
Answered on Jul 15th, 2013 at 11:52 PM
The only way that you will be able to determine whether a certain informant was used in the arrest of your brother is if the testimony of the informant is necessary for the prosecution to convict your brother. Otherwise, police are allowed to rely on anonymous information in an arrest, as long as the information is reasonably reliable.
Answered on Jul 15th, 2013 at 11:52 PM
Criminal Attorney serving Tacoma, WA
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The Law Office of Harry S. Steinmetz
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It will be in the police report and the declaration of probable cause, if they are using any information form the informant. You won't be able to find out who the CI is without an order from the Judge, however. The trick is to show what the CI said is necessary to justify the arrest or necessary to convict. Then, if the State won't reveal who it is, the you can bring a motion to dismiss. This is why you need a good lawyer.
Answered on Jul 15th, 2013 at 11:51 PM
Federal Criminal Law Attorney serving Fresno, CA
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Mark A. Broughton, PC
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Eventually, yes, you can find out if an informant was used by the cops when the police reports and other information gets turned over to your attorney. The identity of the informant is another matter that usually has to be litigated.
Answered on Jul 15th, 2013 at 10:46 PM
Speeding & Traffic Ticket Attorney serving Sherman Oaks, CA
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Law Offices of Phil Hache
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I would recommend contacting a criminal defense attorney in your area to discuss this question in more detail. Although it may be possible to find out this information in advance of charges getting filed if you can get your hands on a police report, that information can be determined by your attorney who is defending you in the case. Your attorney can also determine if there are any good suppression motions, confrontation clause issues, etc that can help defend your case. If you are in Los Angeles County, feel free to contact me at 818-336-1384 to discuss your case in more detail. Legal disclaimer: This message does not constitute legal advice and is for informational purposes only. This message does not establish an attorney-client relationship, which can only be established once a retainer agreement has been fully executed between you and this firm.
Answered on Jul 15th, 2013 at 10:46 PM
Criminal Defense Attorney serving Birmingham, AL
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The Harris Firm, LLC
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Maybe. If a warrant was issued, they may have used the report of a confidential informant as probable cause for the search warrant. If so, that might be addressed in the warrant, although it won't give the informant's name. You need to hire an attorney. He can help you find out what happened.
Answered on Jul 15th, 2013 at 10:45 PM
Thomas Edward Gates
The defense attorney will be given this information if it is true.
Answered on Jul 15th, 2013 at 10:45 PM
Bankruptcy Attorney serving Federal Way, WA
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Freeborn Law Offices P.S.
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Possibly, during the course of the case.
Answered on Jul 15th, 2013 at 1:55 PM
Adoptions Attorney serving Lansing, MI
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Austin Legal Services, PLC
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The police report should state whether or not an informant was involved although it probably won't reveal the name. You may request a FOIA on the officer's notes and reports regarding the case. An attorney may file a motion asking the Court to order the prosecution to disclose the identify of the informant.
Answered on Jul 15th, 2013 at 1:10 PM