QUESTION

Can a felon be a confidential informant? What evidence is needed to make a drug bust?

Asked on Oct 08th, 2002 on Criminal Law - Arkansas
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Can a felon be a confidential informant? What evidence is needed to make a drug bust?
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Complex Federal Criminal Defense Attorney serving Denver, CO at Jeralyn E. Merritt
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Yes, a felon can be an informant. There are basically three types of informants: those who agree to cooperate with the police in exchange for favorable treatment in their own cases; those who inform in exchange for money; and citizen-informants who inform out of a sense of civic duty. The majority of informants are those working off their own cases. When using an informant to make a drug purchase (called a controlled buy) the police often will wire the informant in advance, provide currency to make the purchase (after photocopying or writing down the serial numbers on the bills), search the informant for drugs right before the deal, transport him or her to the deal, and search the informant\'s person again right after they leave the site of the deal. This creates a record that the deal happened and that the informant is telling the truth about the amount of drugs and money involved, particularly if the seller is arrested immediately and in possession of the bills with pre-recorded serial numbers. However, the above measures are extra insurance for the police, they are not required. In some states, you can be charged on the uncorroborated word of an informant--even if no drugs or money are recovered. Often paper trails will be used to support an informant\'s version of events, such as cell phone and travel records. To make a drug bust, the police should have probable cause (reason to believe) that you possessed, sold, bought or used drugs, or that you attempted or conspired (agreed) to do one of those things.
Answered on Oct 08th, 2002 at 12:10 AM

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