The judge will then issue a warrant if s/he determines that the affidavit shows “probable cause.” 10īut not every statement by an informant will add up to probable cause to issue a search warrant. The way this typically works is that a police officer obtains information from an informant-whose identity will be kept confidential-and puts that information into the affidavit s/he presents to a judge. 9 Standards for obtaining a search warrant based on informant statements In fact, one study found that 92% of search warrants filed in federal courts for drug cases relied on information from confidential informants. The most straightforward way is for the informant to act as a witness for the prosecution in a preliminary hearing or criminal jury trial, testifying about facts that would tend to show that the defendant is guilty.īut it is even more common for police to rely on the information provided by informants to obtain California arrest warrants or search warrants. Just as there are several distinct kinds of informants, there are several ways in which police and prosecutors might use the services of an informant. 7 How police and prosecutors use informants However, some confidential informants come upon the information that they sell to police accidentally.Ī classic example is the “jailhouse snitch”-a jail inmate who overhears a confession by another inmate and then offers that information to prosecutors in return for early release from custody or more lenient treatment in his/her own criminal case. Their involvement in the criminal activity makes them especially valuable sources of information for law enforcement. It is common for confidential informants to be individuals who are extensively involved with complicated criminal activities, such as those of criminal street gangs. Marissa has become an informant working for the police for her own benefit. The officer goes to Ted’s residence to buy drugs, and this results in Ted’s arrest and prosecution. It turns out the new “customer” is an undercover police officer. She tells him she wants to introduce a new customer to him. So, working with the police, Marissa calls Ted, one of her dealers. The prosecutor tells Marissa that he will drop the misdemeanor charge for this offense and let Marissa enter California’s “deferred entry of judgment” program instead-IF Marissa will help the police gather evidence against some of the dealers who have sold her drugs. She is caught by police with a small amount of the drug in her possession and is charged with possession of methamphetamine. 5Įxample: Marissa is a methamphetamine user. Police confidential informants come in many different varieties, depending on their motivations and how they operate.įor example, some receive payment in cash from police departments-while others are criminal defendants who provide information about other defendants or suspects in order to get more lenient treatment in their own criminal case. Police confidential informants are people who provide information to a law enforcement agency in return for some kind of compensation. And he is offering this information to the police out of a sense of public duty rather than for compensation.
The police use this information to get an arrest warrant for Jerry, who is charged with assault with a deadly weapon.īen is a citizen-informant-also known as an “eyewitness-informant.” He has knowledge of the crime only accidentally, because he was present on the scene. He also tells them where Jerry went after he left the bar. Immediately after the brawl, Ben contacts the police and tells them Jerry is the person who did the stabbing. Ben is present at the bar at the time of the fight but does not participate. 3Įxample: Jerry is involved in a bar brawl in which someone is stabbed. Citizen-informants are people who just happen to witness or otherwise have knowledge about a crime, and who approach the police with that info without expecting anything in return.
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