Can Police Use Informants in Criminal Cases in California?
Law enforcement investigators often rely on informants to gather evidence and build cases against suspected criminals. In California, the use of informants is quite common in criminal cases.
However, this practice is often regarded as a legal "gray area" because assessing the trustworthiness of an informant's testimony can be challenging.
Informants are individuals who provide confidential information regarding suspected criminal activities to law enforcement. They are frequently referred to as "rats' or "snitches."
In certain high-profile cases, informants may have a complicated and sometimes controversial role in California's criminal court proceedings.
Various types of informants include citizen informants, police confidential informants, and Perkins informants, who are placed inside jail cells to collect information from a defendant.
Additionally, some informants emerge from jail inmates who overhear discussions about crimes.
Below, our California criminal defense lawyers will explain how police and prosecutors might use informants and how this could adversely affect your rights as a defendant.
Do Informants Typically Receive Compensation?
Citizen informants typically do not anticipate compensation for their information. They are individuals who happen to be witnesses near the crime scene, often by chance.
In other words, they are simply in the right place at the right time. These informants usually contact the police and share their details without expecting any reward.
Police confidential informants are individuals who supply information to law enforcement in exchange for compensation.
Some receive cash payments from police detectives and are not linked to the case, while others, as defendants in a criminal case, offer information about potential suspects to gain leniency.
Informants are often used in complex crimes such as serious felonies committed by street gangs.
What Exactly Is an Informant?
As mentioned earlier, an informant is someone who gives information to law enforcement regarding another person's potential criminal conduct.
An informant could be a witness to an event or simply a relayer of hearsay. Occasionally, they might have participated in criminal activities themselves. There are various kinds of informants:
- Police Confidential Informant: These informants provide information to the police in return for incentives. Sometimes they are accused of crimes and seek leniency in exchange for cooperation. Others are individuals closely involved with criminal activities who exchange information for money. They may also have other motives.
- Citizen Informant: These individuals share information with the police regarding a crime they have seen or heard about, without expecting any payment. They may do so because they wish to do the right thing or because they fear retaliation if they remain silent.
- Jailhouse Informant: These individuals are typically jail inmates who have directly spoken to the target defendant or overheard them talking to others. They are known as "jailhouse snitches' and generally seek leniency in exchange for their information.
- Perkins Informant: This occurs when law enforcement places an informant or undercover agent inside a jail cell with the target defendant to obtain a statement for use in their prosecution.
Generally, citizen informants are more trustworthy than police confidential informants because they have fewer incentives to deceive. Nonetheless, prosecutors have secured numerous convictions based on the initial statements of police confidential informants.
How Are Informants Utilized?
Informants deemed reliable or verifiable by other sources may sometimes be called to testify at preliminary hearings. This allows prosecutors to demonstrate to the judge the necessity of a criminal trial.
If informants are highly reliable, they may be asked to testify in court. However, usually, their testimony alone isn't sufficient to serve as evidence.
The most common method investigators use informants for is to establish probable cause necessary for obtaining an arrest or search warrant. Typically, a police officer receives information from an informant, whose identity remains confidential.
This information is then included in an affidavit presented to a judge. If the judge finds the affidavit sufficient to establish probable cause, they will sign the warrant.
Drug Cases and Gang Activity
Informants are frequently utilized in drug cases, gang-related crimes, and other criminal activities where law enforcement struggles to establish probable cause for arrests.
In such situations, an informant might provide details about criminal activity they've witnessed or been involved in, aiding police in building their case.
For example, if an informant tells the police they saw the defendant selling drugs from their car, they might provide a description of the vehicle, the license plate number, and the location where the defendant was last seen.
This information might be sufficient for the police to obtain a search warrant for the defendant's vehicle. If drugs are discovered in the car, the informant's testimony could support proving that the defendant knew about the drugs and intended to sell them.
Why are Informants Controversial?
Although informants have historically been vital for law enforcement investigations and prosecutions, their use remains controversial.
Testimony from informants, especially confidential informants, can sometimes lead to unfair trials for defendants. The key concerns include:
- Informants might be motivated to provide false testimony in exchange for leniency or payment, raising doubts about the reliability of their statements.
- Law enforcement might form biased relationships with informants, which can cause them to trust an informant's testimony more, even if it is inaccurate.
- Informants might be promised leniency in return for their cooperation, but might not actually receive it. This situation can cause them to feel resentful and more likely to lie in court.
- Informant testimony can be overly emphasized in criminal cases, especially when evidence against the defendant is limited.
Challenging the Credibility of Informants
The reliance on informants may lead to wrongful convictions based on potentially unreliable statements, highlighting the importance of scrutinizing informant credibility and understanding the legal implications of such evidence.
Many defense attorneys aim to challenge informants' credibility when they testify. They might highlight inconsistencies in their stories or evidence suggesting they have been motivated to lie.
Sometimes, the informant's testimony may also be excluded from the trial.
For additional information on using informants in California criminal cases, contact us to discuss the details. Cron, Israels & Stark, based in Los Angeles, is available by phone or through our contact form.