Arrest, Search, Seizure, Warrant Confidential Informant

[cristis1lilsyn]

A confidential informant was used to obtain probable cause for the local narcotics strike force to get a "no knock" search & siezure warrant for my home, the search & all is over but now I saw the "CI's" obituary in the local newspaper, what happens to the case if the star witness dies before the trial? Also the informant got the target's name wrong on both of the alleged buys. The police included his name & statements in the discovery because they said that they had used him up. What can we expect now?

 

[CdwJava]

You can expect it to go to trial if they have more evidence ... and, chances are, they DO have more evidence. Plus, depending on the laws of your state, they might be able to produce any of his statements into evidence anyway because he is unavailable to testify (many states allow an exception in these instances). But, I suspect that the presence of the CI is less critical than you might think. If his primary function was to obtain evidence for a search warrant, his testimony will not be too critical. if they did not record the buys, then they might have a tougher time charging you for sales TO the informant, but it might be made by prior statements introduced at trial or through evidence seized int he search warrant. And if the sale was recorded, then they'll use that.

I suspect that if the DA still goes after you, they are not too concerned that the CI is gone. I know that we've made many cases even where the CI has gone sideways on us. You have to understand that the CI is often a criminal, and his credibility is easily impeached, so few cases are based solely upon the information provided by the CI. he is but one cog in the machine.

- Carl