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Disclosure of CI

Disclosure of CI. The best place to start is with your client. The sooner you get the details to the client the more likely the client will be able to assist in identifying the CI.

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Disclosure of CI

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  1. Disclosure of CI

  2. The best place to start is with your client. The sooner you get the details to the client the more likely the client will be able to assist in identifying the CI. The defendant’s knowledge of a CI’s identity actually requires disclosure because the government no longer has a legitimate need to protect the identity. Smith v. State, 829 N.E.2d 64 (Ind.Ct.App. 2005)

  3. If client has name, nickname or description of CI, that information can be used to obtain criminal history of CI.

  4. Client has likely used with and/or seen CI use in the past. Identify the CI’s drug of choice and frequency of use. Ask client if he knows others who have used with CI. Interview those persons who can provide information about CI’s drug habit.

  5. Next step: take deposition of controlling officer. Serve subpoena ducestecumon officer to bring to deposition: 1. Any and all documents in the possession of the police department pertaining to CI #; 2. including but not limited to:

  6. Any and all agreements entered into between the CI and the police department; Any and all rules or contracts signed by CI (describing allowed or prohibited conduct while working as a CI); Any reports or notes concerning violations of those rules;

  7. Any pay- out vouchers or documents maintained about monies paid to CI or on behalf of CI (ex: sometimes rent is paid directly to a landlord); Any tax forms (1099) prepared concerning payments made to CI for his work.

  8. CI who was used repeatedly by police over several months and was paid for his services, rendered him a ‘special employee’ of the State. Burst v. State, 499 N.E.2d 1140 (Ind.Ct.App. 1986)

  9. On subpoena include a request for any reports concerning arrests of CI and information about cases pending against CI. Finally, ask for CI’s criminal history.

  10. Prosecutor and/or police may redact CI’s name from reports, contracts, etc. at this point but you are still entitled to them. Only CI’s name may be protected from disclosure until a sufficient showing is made. All other information about CI and his involvement in case is relevant discovery material.

  11. During deposition review all documents provided about CI with the officer. Question officer about frequency of contact with CI. Was officer always able to contact CI? How long between contacts? Ask for number used to contact CI?

  12. Was CI allowed to set up deal first and then notify officer? Who initiated case against your client- did officer ask CI to buy off your client or did CI tell officer he could buy off client? Who searched the CI (should identify if CI is male or female?) Discuss nature of search of CI and his vehicle/ residence.

  13. Ask prosecutor to allow you to take deposition of CI without revealing CI’s name (yet). This allows you to see and hear CI to assess credibility and you get to ask questions that will help client determine who CI is.

  14. File Motion to Reveal Identity of Confidential Informant. See IPDC Motions manual. Motion contains relevant case law.

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