Disclosure of identity of confidential informant in California criminal proceeding

How to force the disclosure of a confidential informant in California is the topic of this blog post.   A motion must be filed with the Court to request that the Court order the identity of a confidential informant be disclosed on the grounds that the confidential informant is a material witness as they were a participant in the alleged crime and an eyewitness to it, thus they can testify regarding the defendant’s guilt or innocence.

This motion is very powerful for the simple reason that if disclosure is ordered by the Court and the People do not disclose the identity of the informant the case against the defendant must be dismissed.

The California Supreme Court has stated that a defendant filing this motion must make a showing of a reasonable possibility that the informant could give evidence on the issue of guilt that might result in the exoneration of the defendant. The defendants does not need to prove that the informant would give that testimony, but only needs to show some evidence of a possibility that the confidential informant is a material witness. 

The California Supreme Court has also stated that once a defendant meets their burden and made an adequate showing that the informant may be a material witness on the issue of guilt or innocence, the identity of the informant must be disclosed or the criminal charges against the defendant must be dismissed.

The defendant must demonstrate the witness’s—not the testimony’s—material character.  People v. Mejia (1976) 57 Cal.App.3d 574, 580.

Several decisions of the California Courts of Appeal have held that an informant who is an actual participant in the crime alleged or a nonparticipating eyewitness to it will be presumed to be a material witness.

Attorneys or parties in California who would like to view a portion of a sample motion to disclose a confidential informant in California sold by the author and containing brief instructions, a memorandum of points and authorities with citations to case law, sample declaration and proof of service by mail can use the link shown below.

Sample motion to disclose confidential information for California

 

The author of this blog post, Stan Burman, is an entrepreneur and freelance paralegal who has worked in California and Federal litigation since 1995 and has created over 255 sample legal documents for California and Federal litigation. If you are in need of assistance with any California or Federal litigation matters, Mr. Burman is available on a freelance basis. Mr. Burman may be contacted by e-mail at DivParalgl@yahoo.com for more information. He accepts payments through PayPal which means that you can pay using most credit or debit cards.

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DISCLAIMER:

Please note that the author of this blog post, Stan Burman is NOT an attorney and as such is unable to provide any specific legal advice. The author is NOT engaged in providing any legal, financial, or other professional services, and any information contained in this blog post is NOT intended to constitute legal advice.

The materials and information contained in this blog post have been prepared by Stan Burman for informational purposes only and are not legal advice. Transmission of the information contained in this blog post is not intended to create, and receipt does not constitute, any business relationship between the author and any readers. Readers should not act upon this information without seeking professional counsel.