Procedure : If the defendant meets the burden of establishing an exception to the nondisclosure rule, the proper procedure would be for the court to hold an in camera hearing. Disclosure on this ground has been consistently denied by Florida courts where the Confidential Informant acted as a mere “tipster" or merely provided police with probable cause for a search or arrest. Harklerode, 567 So.2d 982, 984 (5th DCA 1990).įair Determination : The focus is on general due process concerns. Relevant and Helpful : The defendant must allege a legally recognizable defense to the crime charged and support the defense with sworn evidence. 2004) citing to Roviaro.īurden : The burden is on the Defense to establish why either or both of the exceptions apply. Is essential to a fair determination of a cause. Is relevant and helpful to the defense of an accused,.The privilege must give way where the disclosure of the informer’s identity or content of the informer’s communication: “Once the identity of the informer has been disclosed to those who would have cause to resent the communication, the privilege is no longer applicable." Roviaro v. “here the disclosure of the contents of a communication will not tend to reveal the identity of an informer, the contents are not privileged." Roviaro v. The furtherance and protection of the public interest in effective law enforcement recognizing the obligation of citizens to communicate with law enforcement and, by preserving their anonymity, encouraging them to perform that obligation. Disclosure of a confidential informant shall not be required unless the confidential informant is to be produced at a hearing or trial or a failure to disclose the informant’s identity will infringe the constitutional rights of the defendant. Resulting from the disclosure, that outweighs any usefulness of the disclosure to either party.įla. The court on its own initiative or on motion of counsel shall deny or partially restrict disclosures authorized by this rule upon a finding of substantial risk to any person of: The State of Florida has a limited privilege to withhold the identity of its Confidential Informants. Discovery Disclosure : Confidential Source/Informant
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