Informer's Privilege
The Tennessee Supreme Court recently had the opportunity to revisit the informer’s privilege. In particular, the court addressed the circumstances under which the identity of a confidential informant must be disclosed to a criminal defendant prior to trial.
What is the informer’s privilege? It is the government’s privilege to not reveal the identity of an informer. The justification for the privilege is twofold: 1) to protect informants from reprisals and 2) to maintain the informant’s confidential status. The privilege does not apply where the informer is also a government witness during the criminal trial.
The informer’s privilege is not absolute and must be waived when the defendant demonstrates by a preponderance of the evidence that the informer’s identity is crucial to his or her defense. Examples of mandatory disclosure provided by the Tennessee Supreme Court in the case State v. Ostein included evidence that the informant 1) participated in the crime, 2) witnessed the crime, or 3) had information favorable to the defendant.
However, when the informant is "a mere tipster or introducer," disclosure is typically denied. In Ostein, for example, the Court held that information establishing probable cause for a search warrant did not, by itself, establish that the informant’s identity was material to the defendant’s case.
The criminal defense attorneys in Tennessee at Baker Associates know how to mount strong defenses by getting relevant information admitted into evidence. Evidence rules and privileges present significant obstacles to the inexperienced attorney. If you need skilled and experienced trial representation, contact a member of our criminal defense team at Baker Associates. With offices in Knoxville and Sevierville, they have what you need to reach a positive outcome to the charges levied against you. Call 866-853-2888 today to schedule an appointment.
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